Coming back to the UK after resident visa has expired

[kmarees1986]

Hi everyone,

I'm hoping somebody can shed some light on the best avenue for this situation. I entered the UK on a WHV in Sept 2009, then changed to a resident permit - spouse leave to remain in July 2011. It expires next month.

My husband and I are expecting our first child and decided to migrate back to Australia where I am from. I left the UK in April. This is proving more difficult than expected and we are starting to look at the possibility my husband may never be able to live in Australia due to his criminal history. Its still early days and we are not giving up but in the event that he cannot come after all avenues are exhasuted, the only sensible thing to do to be together is to go back to the UK.

My question is what kind of visa would I have to get? My resident permit will have expired - will I even need a visa? If so will I need to go for the same visa and can we add my daughter to that visa?

Thanks in advance,

kmarees

[vinny]

If your husband is British otherwise than by descent, then his daugher is automatically British by descent.

You may apply for a spouse visa, subject to the current requirements.

If your daughter is not British, then she may apply for a child settlement visa.

[pennylessinindia]

Vinny correct me if I am wrong but should OP be advised to return ASAP and look to extend in the UK if they can. As a new application will be under the new rules and this may be hard for them to meet?

[vinny]

Yes. You are quite right.

If possible, OP should return and extend or apply for ILR, before current leave expires, under the old rules.

But the topic title implied the OP's intention to return after expiry of leave.

[Ayyubi72]

Hi everyone,

I'm hoping somebody can shed some light on the best avenue for this situation. I entered the UK on a WHV in Sept 2009, then changed to a resident permit - spouse leave to remain in July 2011. It expires next month.

My husband and I are expecting our first child and decided to migrate back to Australia where I am from. I left the UK in April. This is proving more difficult than expected and we are starting to look at the possibility my husband may never be able to live in Australia due to his criminal history. Its still early days and we are not giving up but in the event that he cannot come after all avenues are exhasuted, the only sensible thing to do to be together is to go back to the UK.

My question is what kind of visa would I have to get? My resident permit will have expired - will I even need a visa? If so will I need to go for the same visa and can we add my daughter to that visa?

Thanks in advance,

kmarees

Now this requires immediate action, otherwise you will be in trouble, a very big trouble. Your husband cannot settle in Austalia, and if you do not travel back to UK immediately then you will not be able to live in UK. If you want to go to UK after expiry of your current visa, then your huband's income should be minimum £18600 pounds per yer before tax. This income will have to be proved by providing 6 months income proof. If your husband does not earn this amount then you will not get a spouse visa ever.

When you initially obtained spouse visa, the rules very relatively very easy. But new rules came on 9th july 2012 and they are much stricter. Under new rules it will be another 5 years residence in UK before you get settlement (ILR).

My humble advice would be to get on the plane to UK asap.