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Topic: Has anybody EVER got a Returning Resident Visa?? EVER???  (Read 1405 times)

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Has anybody EVER got a Returning Resident Visa?? EVER???
« on: July 28, 2015, 02:06:19 AM »
Hi guys!

I decided to register following a long night sat here reading more or less every topic in search for guidance on RRV... can't find much  :-\\\\

I  am actually Brazilian and I lived in the North West of England from 2005 to 2012, with my husband, his son and my daughter (from my first marriage).
In 2007 we got married and 2009 we had our baby son. Both me and my daughter have ILR. My daughter went to school in England from Reception and I worked as a Specialist Music Tutor for Children's Services.

As my father has a very serious illness and because we fancied a change and proximity to the family, we came to live in Brazil. It hurts to say but...what a mistake! We just didn't settle. :-[

My plans were to review our decision before the 2 year limit and if we were not settled, we should go back. But as we started to struggle financially,  our ILR expired.

My husband has visited my step son and in-laws twice in the time we are here (2yrs 10 months) and now he's back to the Uk where he is employed and organizing stuff for our return. We own a family home and I'm promised a job, depending on visa requirements. I also still have my bank account (which we have paid the mortgage from) and my business registered (oweing some tax though, which I'm sorting out).

The thing is: I have started my online application for RRV, but all I hear is bad, bad stuff! It scares the soul outta me to think I'm stuck here with my chldren, as I have missed our home since the moment we left.  :\\\'(

From your experience, do you guys believe I stand a chance of getting a RRV?

How difficult is it in reality?? The online forms seem so easy, too good to be true...

Anybody can share any experiences please, either positive or negative? ???

Thanks a lot! x


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #1 on: July 28, 2015, 02:11:35 AM »
Sorry guys I sound a little like Im dying on the post above ...kkkk! I have been reading everywhere on the internet but can't seem to find anything!  I'd appreciate any help. x


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #2 on: July 28, 2015, 04:06:03 AM »
Don't apply for a RRV, it's a waste of time.

In the last 8.5 years I have never heard of anyone being granted one.

Everyone here on the forum who has applied for one has been refused - even when one applicant had grown up in the UK and had moved back to the US for college. Despite her mother and siblings still living in the UK, her application was refused for lack of sufficient ties to the UK!

If your husband has a job paying at least £22,400 per year an has been working in that job for 6 months (or if it's been less than 6 months AND he has earned £22,400 in the previous 12 months), you should be able to qualify for a spousal visa and a child dependant visa for you and your daughter.

Alternatively if you have significant savings you may be able to qualify if he doesn't quite make £22,400.



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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #3 on: July 28, 2015, 04:24:58 AM »
Hi! hanks a lt for your reply. I started to think I wasn't gonna get one... kkkk

Well, I hope you don't mind if I ask about any other RRV applicants you have known about?  Just really curious and aprehensive as we dont meet those financial requirements and it would mean being apart for a long time in order to meet them.

I just wanted to know if specifics like my British son and his British father being apart would make any difference...

Or the fact that my Brazilian dad has a serious illness and (well, at least for me) it might be a good reason why I've been away for longer than 2 years.

I have been reading threads in the forum for the last 4 hours and cant find anything related... I understand you say it's a waste of time, but I just deeply wish you were wrong...

Thanks a ot for taking the time to help me. It's appreciatted, and although it's not good news, at least I don't feel so alone...

x


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #4 on: July 28, 2015, 04:48:58 AM »
I've only seen a handful of people applying for a RRV here on the forum and they were all refused. The one I mentioned above sounded like the strongest case (she had lived in the UK for about 15 years and her entire immediate family had maintained residency in the UK while she had been away) and even that one was refused - she was told to apply for a student or work visa in order to come back.

The other one I remember was a similar situation to yours where they wanted to return to the UK with their UK spouse - it was refused and they had to apply for a spousal visa instead.

I haven't heard of anyone (on this forum or anywhere else) being granted one.

If you've been away longer than 2 years, there's nothing you can do about the ILR.

In terms of your Husband and British son being apart - I don't know if there would be any leeway there. And also not sure about your father.

Ultimately they could just turn around and say that your husband could just return to Brazil to be with you instead of you having no choice but to come back to the UK to be with him.

Unfortunately situations like yours are the reason we advise applying for UK citizenship before you leave the UK - in case plans change and you struggle to move back to the UK again in the future.


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #5 on: July 28, 2015, 05:09:09 AM »
I appreciate your reply. And start to wonder why the RRV is there in the first place (and also the rule of over 2 years) if they're going to be this strict...

I actually could prove that my husband couldn't make a living here, as we have tried to invest his redundancy money in a business for him and went through hardship; he works in a very specific field which is not developed in Brazil.

 Also he is dyslexic, which didn't help with learning the language either, he learnt how to ask for sandwiches and beer in 2 years, nothing much else...poor thing...kkk :P

Sometimes things happen in a way that we can't predict how messy its going to get... You are very rightful saying people should get citizenship before embarking on overseas adventures.

It's hard to look back and see our decisions were all wrong... But now it's just a matter of making sure we don't become bitter with the mistakes we made, isn't it?

Perhaps I'll give it my best shot and see if I can become your first success story to share...other than that, no idea what to do as we just can't afford the spousal visas fees to keep our family together. :\\\'(

Thanks again. You're ever so kind.






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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #6 on: July 28, 2015, 08:25:12 AM »
Hi! hanks a lt for your reply. I started to think I wasn't gonna get one... kkkk

Time difference. It was 2am British Summer Time when you posted :)

And start to wonder why the RRV is there in the first place (and also the rule of over 2 years) if they're going to be this strict...

As they have stated they are now going to extend RR to include the partners of Home Office officials who were posted abroad too, I assume it was there for any foreign national partners of ambassadors who hadn't quite obtained British Citizenship when their husband was posted abroad?

It's written on the UKVI site that indefinate leave to remain expires after two years if you don't live in the UK and unfortunately they do seem to very strict on enforcing that rule.
« Last Edit: July 28, 2015, 08:37:23 AM by Sirius »


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #7 on: July 28, 2015, 08:44:32 AM »
Time difference. It was 2am British Summer Time when you posted :)

Yeah, the only reason I replied at that time was because I was working a night shift last night :P.


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #8 on: July 28, 2015, 08:59:30 AM »
Yeah, the only reason I replied at that time was because I was working a night shift last night :P.

I think it's time you switched your username to ksand24/7  ;)
July 2012 - Fiancée Visa | Nov 2012 - Married
Dec 2012 - FLR | Nov 2014 - ILR | Dec 2015 - UK Citizen


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #9 on: July 28, 2015, 06:30:20 PM »
Ksand has been active on this forum for nearly a decade and gives solid advice, backed up with UKVI rules and regulations.  Sirius frequents numerous immigration forums and sees more complex situations, and also cites UKVI facts only. These ladies know their stuff.  Unfortunately, the returning resident visa isn't an option.  You will be wasting your money, time, and playing with your emotions.  I wish it was better news.   :-\\\\


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #10 on: July 28, 2015, 11:55:24 PM »
Thanks everyone for your contributions. Sounds like it's a tough situation... The only thing harder than this is to stop myself from feeling regret and guilt. My husband was very obstinate in living in Brazil, but I Always wanted to go back, as I know life in Brazil is not for wannabes.

kind Regars.
x


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #11 on: July 29, 2015, 07:28:18 AM »
I was one of those who (stupidly) applied for a RRV....and was summarily refused. I subsequently applied for a spousal visa and got it.

My advice - don't waste your time and more importantly, your money. When I ranted on this forum about the unfairness of it all, I was told flat out that my situation was no more 'special' than any other applicant. I was >the 2 year mark, and did not qualify. End of.

When I got the refusal email (which they did then, following up with the return of the paperwork), I was devastated. I cannot tell you what it did to me, and moreover, what it did to DH when I had to call and tell him. He was already in the UK in the house we had bought; even the cat was there - and it was a miserable time.

KSand gives very sound advice; as one who has 'been there, done that' and didn't get the t-shirt, my advice is to apply for the spousal visa.
Married December 1992 (my 'old flame' whom I first met in the mid-70s)
1st move to UK - 1993 (Letter of Consent granted at British Embassy in Washington DC)
ILR - 1994 (1 year later - no fee way back then!)
Back to US in 2000
Returned to UK July 2011 (Spousal Visa/KOL endorsement)
ILR - September 2011
Application for naturalization submitted July 2014
Approval received 15-10-14; ceremony scheduled for 10 November!
Passport arrived 25 November 2014. Finally done!


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #12 on: July 29, 2015, 09:37:12 AM »
The only thing harder than this is to stop myself from feeling regret and guilt.

Opportunities always look bigger going than they did coming. It might be hard at the moment but try to focus on how you can get back to the UK. Your husband has a job and at least you know now that you once you have ILR again, to go for UK citizenship asap.

Does your husband earn enought to sponsor you and your daughter from the job he has at present? Did he earn the financial amount needed in Brasil before he returned to the UK and worked? Did your husband adopt your daughter?
« Last Edit: July 29, 2015, 09:49:20 AM by Sirius »


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #13 on: July 29, 2015, 09:39:51 AM »
Ksand has been active on this forum for nearly a decade and gives solid advice, backed up with UKVI rules and regulations.  Sirius frequents numerous immigration forums and sees more complex situations, and also cites UKVI facts only. These ladies know their stuff. 

Thanks, but there is no way I am in the same league as ksand and you, On the rare occasion ksand sleeps ;D you are there helping people.


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Re: Has anybody EVER got a Returning Resident Visa?? EVER???
« Reply #14 on: July 29, 2015, 02:17:30 PM »
Thanks, but there is no way I am in the same league as ksand and you, On the rare occasion ksand sleeps ;D you are there helping people.

Thanks :).

I was going to come back with a, "hey, I sleep!", but then I realised your comment is pretty accurate for this week... I've only had about 7.5 hours of sleep since Monday morning  :-\\\\.


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