Has anybody EVER got a Returning Resident Visa?? EVER???

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.

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.

Hi! Thanks for sharing your experience Vadio. After all guidance I've been reading here I then sat my strangely shaped Brazilian butt on the chair and read and read the rules for ages... Question: what's the actual difference between  RRV and  'join family in the UK visa'? Is it the settlement issue?

Can't thank you all enough for supporting me. I feel better already. x 

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.

Spot on Sirius! Lesson learned!

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?

Hi Sirius, the answers to your questions are 'no' and 'no' and 'no'. We would have to wait six months or more untill hubby can show he has the full pockets they are asking for.

About my daughter:  I have been in a battle with my her since before the ILR run out (Sept/14). That was one of the reasons we never left when we had the chance. She refused, and in her naivety, then convinced her father (my former husband) to not sign the papers for permission to leave the country with a minor (required to be presented at the  airport to BR federal police).
I went thourh 4 months in Court in order to get authorization from a judge to get her a new passport and authorization.
He has now, by her request, summonned me to apper in Court as he challenges custody (which I have since 2005) and a urgency appeal to stop her from leaving the country... We have a hearing tomorrow.

I thought that if I attach such papers with my RRV application, I could justify why I didn't manage to return in time... but perhaps it will be all in vain, as you all have stated...

Sometimes we mess up our lives so bad... Geez... But as i said before 'lesson learned'. No bitterness, it's all a learning curve.

Thanks so much for interacting Sirius x

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  .

Ksand24 and all others: it means a lot to me and I feel blessed to have your virtual company and support. Never expected such sympathy and friendly responses. Thanks a million!

Question: what's the actual difference between  RRV and  'join family in the UK visa'? Is it the settlement issue?

The 'Join Family in the UK' visa isn't just one visa, but actually covers a number of different settlement (family) visas: fiance visa, spousal visa, proposed civil partner visa, civil partner visa, dependant child visa, adult dependant relative visa etc.

They are all visas for people who don't live in the UK but wish to move to the UK to join their partner or other family member and work towards gaining ILR. People on these visas have to live in the UK for 5 years in order to qualify for ILR.

The Returning Resident visa is for people who hold (or have held) ILR in the UK and wish to return to live in the UK while maintaining their ILR status. If it's been less than 2 years since they left the UK, then they just use their valid ILR to enter as a 'returning resident'.  If it's been more than 2 years, then they need to prove a very strong case that their entire life and their immediate family is based in the UK and that they need to return to be with them.

The problem is that most of the reasons for refusals of a returning resident visa seem to be because the applicant has spent more than 2 years outside the UK... so it seems stupid to even have the option of applying for it at all, since if it's been less than 2 years, you just use the ILR to re-enter and don't need a new visa!

To qualify for a 'Join Family' visa - in your case, a spousal visa for you and a child dependant visa for your daughter - you have to show that you meet the financial, accommodation and relationship requirements.

To qualify for a returning resident visa - well, who knows exactly how you can qualify, but essentially, I think really the only reasons they may grant one are:

- you have lived in the UK for most of (more than half) your life
- your immediate family members are still resident in the UK
- you were not able to return to the UK within the 2 years for reasons beyond your control, for example, UK partner's overseas deployment with the armed forces, being sent to work abroad by your UK company, studying for a degree in a different country etc.

Now while a sick relative is a potential good reason for not returning I'm not sure that it would be reason enough on its own to qualify for a returning resident visa (i.e. you would probably have to meet some of the other criteria too, like living in the UK for most of your life).

Ooh, just did some Googling and I have just found one instance of someone being granted a Returning Resident visa earlier this year (their reason for leaving the UK was to study for undergraduate and graduate degrees in Canada.) and one of a refusal being overturned:

http://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/returning-residents-visa-847239/

Those are the first approvals I have ever come across for a Returning Resident visa!

Unfortunately it all comes down to the law and no amount of compassionate grounds will really help.