Returning resident or spousal visa.

Hi everyone! First time poster here.
I am not quite sure which I need to apply for... Here's some back ground info:
Married 2006 to ukcitizen
Was granted settlement visa Oct 2007
We moved over in November 2007 to England.
I was granted ILR in November 2009.
Had twins in 2010. They both have British and American passports ( although I need to renew their British ones)
September 2014 -We decided to move back to NYC for a few different reasons, the main one being that my son is autistic and decided to have him assessed and diagnosed in NYC as we were on extensive waiting lists for assessments etc. (Another major reason for relocating is that my father was very ill, and was experiencing heart failure. He now lives with an LVAD and is on the heart transplant list) So after obtaining my husband's permanent residency/greencard we moved.
We have been living here for just over 2 yrs now so I know that my ILR has been voided.
Do I apply for returning resident, or start from the beginning?
If I do need to start from scratch, is there a way that my family can stay together? Or is it basically my husband moves back to England for at least 6 months without us.
I'm nervous because the relationship between my son and husband is inseparable with him being autistic and he does not handle change very well at all. I can't imagine us all being apart.

My husband lost his job in September and has been the stay at home parent since then. So he has no income for the last few months.
Any help or insight is greatly appreciated.
Thank you.

Hi JennBomb! 

Normally the advice would be to re-apply because the returning resident visa is so seldom granted. In your case though, you had two very good reasons for being out of the UK and you have not been away very long, I'd be almost tempted to give it a go.

It just depends where you are financially and whether you can afford to loose the fee if the application is unsuccessful.

If you go with the spouse visa, having savings (of 62.5k held for 6 months) is an option to meet the financial requirements whereby you could move together as a family.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

Personally, I feel the Returning Resident visa would be a waste of money... mainly because in my 10 years on the forum I have NEVER seen one granted.

I think veryone who has applied for one on the forum has been refused - even someone who grew up in the UK, went to the US for college and then tried to move back to the UK again - her mother and siblings were living in the UK and she was still refused.

By all means, give it a go if you decide to, but I wouldn't hold out much hope for it being granted.

Alternatively, if you can meet the financial requirements for a spousal visa, that would be much more likely to be granted (it has a 95-98% approval rate from the US).

Yeah, I wouldn't recommend the Returning Resident. You left the UK of your own accord and moved the centre of your life to the US. Plus it doesn't sound like you maintained close ties to the UK during your time away. RR is almost never granted, it'd in all likelihood just be a waste of money.

Okay, on a Facebook page there was a woman who successfully received the returning resident visa.  I've chatted with her and we can't figure out why she got it (after she applied she realised it was unlikely but had already paid.  But she WAS granted the visa).  In her case she had previously lived in the U.K. for 10 years and was gone just over 2 years.  But it's a £400 gamble.

Second thing is I currently have a FOI request about returning resident visas.  I've requested the statistics for 2015 and 2016.  I've asked how many applications there were from the USA vs how many were granted.  I'm supposed to have a response by Feb 23.  Who knows if they'll respond on time though.

Yeah, I've seen a couple of successes on another forum. It is a gamble though, for sure.

Yeah, I've seen a couple of successes on another forum. It is a gamble though, for sure.

I really hope I can get some interesting info from the FOI request.  Depending, I may follow it up and ask specifically what they look for.  It's just not clear... 

Yeah, I wouldn't recommend the Returning Resident. You left the UK of your own accord and moved the centre of your life to the US. Plus it doesn't sound like you maintained close ties to the UK during your time away. RR is almost never granted, it'd in all likelihood just be a waste of money.

What would you reckon close ties are? I've kept my bank account, I have my old job there waiting for me as well... My husband's parents are there who are ready and willing and very able to support us financially and give proof if need be.
I wonder if that would count for something?

How long exactly have you been gone for?

How long exactly have you been gone for?

2 yrs 5 months ☹️

2 yrs 5 months ☹️

Ugh, so close.

Honestly, it could be worth the gamble to apply the returning resident (as you guys don't qualify otherwise).  Weird advice, I know.  I'd try to go in strong with your reasons for leaving and reasons for not being separated in order to meet the new requirements...  but you could be potentially throwing away £400+.  It's tough!  We honestly have no idea why 99% of these are refused and a random 1% are approved...  I'm looking forward to the statistics!

What would you reckon close ties are? I've kept my bank account, I have my old job there waiting for me as well... My husband's parents are there who are ready and willing and very able to support us financially and give proof if need be.
I wonder if that would count for something?

I think if you'd had to leave to take care of your father, but your husband and son stayed and you had kept your accommodation in the UK and maybe worked at your job remotely, then you'd have a chance. But the fact that your family all moved together and your husband was working in the US... I mean, you can give it a try if you like, but basically my understanding is that if they determine you've moved the centre of your life to another country, the RR visa is a no-go.

Also, just FYI, third party support is no longer allowed for spousal visas (not sure about RR) and so your husband's family's financial support wouldn't be considered. You'd have to use savings or your husband's income and employment in the UK, and that alone. Others can give you more details, I haven't really been paying attention since they changed the rules in 2012.

Also, to get the Returning Resident visa you would have to provide enough evidence to prove all of these:

- your strong family ties to the UK
- you lived in the UK most of your life
- your current circumstances and why you’ve lived outside the UK

When making the decision, they consider the following:

-    the length of the original residence in the UK
-    the time the applicant has been outside the UK
-    the reason for the delay beyond the 2 years - was it through their own wish or no fault of their own (for example, having to care for a sick or elderly relative)?
-    the reasons for leaving the UK and for now wishing to return
-    the nature of the family ties in the UK
-    how close are they and to what extent have they been maintained during the absence
-    do they have a home in the UK and, if admitted, would they remain and live there?

The longer a person has remained outside the UK (over 2 years), the more difficult it will be for them to qualify for admission under this provision. The longer the previous residence in the UK, the stronger the case for consideration, provided that there had not been a break in residence which extended over a number of years.

Other more specific circumstances which would support an application are:

-    travel and service overseas with a particular employer before return to the UK with the employer
-    service abroad for the UK Government, or as a dependant of a member of HM Forces or as an employee of a quasi-governmental body, a British company or a United Nations organisation
-    employment abroad in the public service of a country that has good relations with the UK, by a person who could not reasonably be expected to settle in that country permanently
-    a prolonged period of study abroad by a person who wishes to rejoin the family in UK on completion of studies
-    prolonged medical treatment abroad of a kind not available in the UK

The person I remember most on the forum who was refused the Returning Resident visa had probably the strongest possible case I've seen, and she still didn't get the visa, so there seems to be no rhyme or reason as to who is successful and who isn't.

In her case:
- her mother and all her siblings were still living in the UK
- she had lived in the UK for most of her life (moving as a child with her family and remaining there until she was 18)
- she had left the UK for university studies and now wished to rejoin her family in the UK

Okay so let's say worse case scenario, I go through the RR application and they refuse it.

Am I right in thinking that I can technically enter the UK as a visitor with the rest of my family, be a stay at home mom while my husband works and then after 6 months I can Maybe leave the UK and apply for the visa? Either I travel back to the U.S. with my children or I come back solo. Either way , hearts are going to be broken for a while and it kills me that this is such an inhumane process when there are families involved.

Am I right in thinking that I can technically enter the UK as a visitor with the rest of my family, be a stay at home mom while my husband works and then after 6 months I can Maybe leave the UK and apply for the visa? Either I travel back to the U.S. with my children or I come back solo. Either way , hearts are going to be broken for a while and it kills me that this is such an inhumane process when there are families involved.

With a previous refused visa, you would be recommended to apply for a visitor visa in advance of travel as you would risk being turned away at the border.

In order to qualify as a visitor, you need to show:
- you have no intention of living in the UK
- you will return to the US within 6 months
- you have enough money to support yourself without working
- you have a life in the US to return to, that means you won't attempt to stay in the UK, meaning things like:
1) a job to go back to
2) a home you are maintaining in the US
3) a family to return to

If you don't keep your job in the US, you give up your home to come to the UK and your whole family is British and moving to the UK, plus you've just been refused a visa to move back to the UK, it may look like you are not a genuine visitor and won't return to the US - that you are trying to use the visitor visa to 'live' with your husband and kids in the UK.

Like with the RR visa, you could try to visit, but just be aware of what they are looking for evidence of.