Returning Resident Visa

I had a spousal visa that expired 12 years ago, but I have a situation that I consider to be VERY Exceptional. Suffice it to say that I had to deal with a family matter for 12 years in the USA so I left the UK then. The matter has just about concluded.

Sorry to be vague, but it is a family law matter that I don't want to disclose it here.

It is my understanding that the threshold is extremely high to obtain said Visa. I think that at 405 pounds it is worth a gamble while I wait 6 months with savings in the bank. I spoke with a UK immigration attorney today who spent some free time with me and he said he thinks that I might have a long shot chance at it and that he would only be willing to take the case and fight it if I was denied at numerous stages during the administrative process.

Would anyone care to elaborate on the process? I see the general link on what to do.

I hear that this visa is actually denied by default?

If denied, could this hurt my chance to go to obtain a Settlement/Spousal Visa in the long run.

Thanks for any input. I also welcome thoughts via pm and have no problem getting granular about it there. I just don't want to put too much personally identifiable information up here.

EDIT: I don't see a way around this one whether or not my situation was exceptional:

https://www.gov.uk/returning-resident-visa

"you lived in the UK most of your life"

What?? I didn't live in the UK most of my life just when I settled there. The lawyer didn't seem so worried about that part.

Does that fact in itself make it absolutely impossible for me to have a positive outcome?

 

How long did you live in the UK before you left, and did you maintain a presence in the UK while you were gone? Bank accounts, regular trips back, close family members still living there, working remotely, for a UK company, anything?

Basically, for the Returning Resident you need to show that the balance of your life is more to the UK than the US, and that whatever caused you to leave didn't result in your moving the centre of your life to another country. Frankly, with 12 years away I think this is going to be hard for you to prove.

A failed RR visa won't affect a later spouse visa application, and I guess if you have 400 quid to toss in the bin, that's your choice. But the odds are long against you.

If you're comfortable PMing me with specifics, go ahead. If your circumstances really are exceptional then you may have a chance.

Been there, done that, got denied and lost the £££. Forget what a lawyer told you. One of the members here had a long life here, still had husband here, and had to return for many years for a family matter.

Just apply for a spouse visa and save the time, ££ and hassle.

Has the immigration attorney agreed to take your case on a "no win, no fee" basis?

Been there, done that, got denied and lost the £££. Forget what a lawyer told you. One of the members here had a long life here, still had husband here, and had to return for many years for a family matter.

Just apply for a spouse visa and save the time, ££ and hassle.

Thanks for the data, this is what I was looking for.

Has the immigration attorney agreed to take your case on a "no win, no fee" basis?

I have never seen one that has even in solid no lose situations, although they advertise that they do.

Why do you ask?

I have never seen one that has even in solid no lose situations, although they advertise that they do.

Why do you ask?

It was the cynic in me that made me ask.

It was the cynic in me that made me ask.

I bet it was. 

vadio may have been referring to me.  If you were legally in the UK previously for ten years you may be able to get ILR based on long residence.  If spouse/other family members were still in UK, you own property, have bank accounts in UK, etc. it all helps the case.  And your reasons for being away so long should also help.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/572622/long-residence-v14.pdf