Expired ILR

Hello hoping you can help!

I am an American citizen and in 2005, I married my husband who is a British citizen. We were married in the US then applied and were granted Indefinite Leave to Remain in late 2005 and moved to England.

We happily lived in England for many years, had a son, and then in 2013, after many years of back and forth, we decided to move to the US. It was mostly to be closer to my family and so that our son could get to know his grandparents and cousins, etc.

My husband got his US visa with no problem and we moved.

Unfortunately, it hasn't really worked out and we are all desperate to get back to England.

I know my husband and son, with their U.K. passports, could board a plane today, but my ILR has run out. I am kicking myself for not just getting my UK citizenship when I could have, but as they say, hindsight is 20/20.

After a bit of research, I had thought to apply for the returning resident visa, but it seems like these visas are regularly denied. Plus, we didn't leave the country under 'exceptional circumstances' or whatever the wording is, and so I'm hesitant to go that route.

I was wondering if you all thought that would be the correct way forward, or if a spouse visa would be a better fit.

Thanks so much for your help and input.

I wouldn't bother with the Returning Resident. If you moved the centre of your life out of the UK and didn't maintain significant connections to the country (having a British spouse doesn't count as significant connections) then there's no way it'll be granted. I'm afraid you'll have to go the spousal visa route again.

Hello cantwaittogetback. Welcome to the forum! 

I agree, the spouse visa is the way to go. Unfortunately, as you've found out already, it'll be a lot longer and more costly road this time around. 

Thank you for your reply historyenne. I was afraid it would be the more complicated and expensive option. 

Hello cantwaittogetback. Welcome to the forum! 

I agree, the spouse visa is the way to go. Unfortunately, as you've found out already, it'll be a lot longer and more costly road this time around. 

Yes! I am quite shocked at how much this process seems to have changed! Thank you for your reply!