Help with unclear rules for visitor

[WetJeans]

I'm trying to determine how to apply the rules for visiting the UK with regards to my situation.

My family (non-British wife and 2 British children) relocated to the UK recently after 9 years abroad. My wife's previous ILR visa ran out years ago so we have to go through the whole process again.

To relocate, we arrived as a family in April 2017. I didn't start work until the last week of May 2017 so require 6 months before I can apply for a visa. The Category B option is tricky since my bank where we previously lived will not provide any official evidence of bank statements. Anyway, it seems easier just to wait until the 6 months have passed here and apply in Category A at the end of November here.

After nearly 5 months, in Sept 2017, my wife returned to her country of origin to try and sort out paper work for the visa, but the bank there just won't help at all with any official looking paperwork. Anyway, she'd like to return to the UK for two weeks in November since it's her birthday and she's missing the kids a little bit. She hasn't been in the UK for 9 years previous to her recent visit. My question is if she tries to return to the UK, will she have problems with Entry Clearance since it will be suspected that she is living here? The kids are registered in school etc... Effectively she is living here, but this would only be her second visit and she won't be going over the 180 year day limit in a rolling 365 days. And the idea is to apply for a visa at the end of November.

What do people do when parents are separated for example? If one partner wants to visit frequently to see the children, could they be refused entry?

The way the current rules are is so annoying. To make the international move for our family has become so complicated. We have a disabled child who needs special attention, but it just seems impossible for both parents to be together under the current rules.


Two other questions: if I have 6 payslips above the necessary amount needed for the visa, but the first payslip only covers one week of work, do I have to have been working 6 months or more? or is 5 months and 1 week enough? We're trying to do our best to have the situation sorted before Christmas, that's why I'm so interested in saving 3 weeks.

When entering the country with a new visa, can the return part of a plane ticket be used to enter the country?

[ouflak1]

Just to be clear, your wife entered the UK with you and your family and remained in the UK for 5 months? Did you explain your circumstances to the Entry Clearance officer? Are you certain she was admitted as a visitor? Normally after two years outside of the UK, ILR lapses (as you seem to know), but Border Control has some considerable discretion on this, and can admit (even by mistake I suppose) someone as a returning resident under ILR.

[WetJeans]

So when we arrived here, she was just asked what the purpose of her visit, to which she replied tourism. No hassle what so ever. The children arrived on foreign passport, but I got them their UK passport within a week. Her ILR Visa was in a previous passport and it has been 9 years since she lived here. They seemed clear that she was a visitor rather than a resident.

I find the changes to the rules bordering on immoral. We were living happily as a family here 13 years ago and having to go through the new rules after having already been permitted permission to live here is annoying. The fact that if I hadn't been earning the required amount, we might not have been able to settle here again.

And don't get me started about the costs now involved.

But I guess this forum isn't for venting. Any advice on whether we are likely to have problems if she comes back for a fortnight? What's the worst that can happen?

Thanks for any help.

[CR001]

But I guess this forum isn't for venting. Any advice on whether we are likely to have problems if she comes back for a fortnight? What's the worst that can happen?

Refused entry and put on a plane back to home country.

[WetJeans]

WetJeans wrote: ↑
Wed Oct 25, 2017 7:01 pm
But I guess this forum isn't for venting. Any advice on whether we are likely to have problems if she comes back for a fortnight? What's the worst that can happen?

Refused entry and put on a plane back to home country.

Okay, not ideal. But would her application for a spouse visa once we pass the 6 month mark be effected by her entry refusal? That's the key thing here for us.

The rules seem clear, but they depend on the Entry Clearance officer making assumptions etc... about reality not based on what is necessarily fact. Therefore, I guess I'm asking how to make it possible for my wife to visit for 2 weeks?