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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My Indonesian Wife (married in UK registrars office, Dundee

Resolved Question:

My Indonesian Wife (married in UK registrars office, Dundee Scotland, in 2003) had unlimited leave to remain in the UK but in 2008, due to work commitments we moved to Indonesia where we have lived since. We have one daughter, born in Kuala Lumpur in 2009 who has both Indonesian and British passports. Currently working in Myanmar on a rotational basis, I wish to settle my wife and daughter, with me, back in the UK from sometime next year, possibly sooner if we can sell our Jakarta property early. Basically my question is, what is the best route through the UK immigration visa system to get my wife re-settled in the UK. I am not a government or military employee.
We would be self sufficient (no recourse to public funds required), in the UK.
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Thomas replied 1 month ago.

Hi,

Thanks for your question.

Do you have more than £62500 in cash savings between you?

There is a financial requirement for a spouse visa.

Kind regards,

Tom

Customer: replied 1 month ago.
Plus private pension schemes. My current remuneration package is over US $ 180k per annum. I also have fully paid up UK government pension sceme. (National Insurance contributions.) Plan to retire in 2 ir 3 years.
Expert:  Thomas replied 1 month ago.

Thanks. Drafting your answer now 5 mins please.

Tom

Expert:  Thomas replied 1 month ago.

Hi

Thanks for your question. I will try to help.

There are essentially two options

The first option would be to apply for a returning residents visa:

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

This is available where a person has previously held ILR but has been out of the UK since obtaining it for a considerable period of time. However, where a person has been out of the UK for more than 2 years then they can only apply for this where they can provide evidence to show

· 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

It would seem that your wife has a reasonably strong case her in respect of the first and third, since her family ties will result from your family unit subsisting and wishing to relocate to the UK to live against. However, she obviously has not liver the majority of her life in the uk and so the third criteria might prove a problem.

The application is reasonably straight forward (more so than the second option) so if you are reasonably flexible about when you travel then you may consider trying your luck and applying for this visa. If it is not accepted then you can use the second option.

The second option is to apply for a spouse visa again unfortunately.

The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk

The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility

You appear to meet the criteria and your financial circumstances are such that meeting the requirement should not be an issue provided you can show that you have had cash savings of £62500 in the bank for at least 6 months before you make the application.

Obviously the evidential burden is quite considerable with a spouse visa application but you can instruct a solicitor to prepare all your documentation and I would suggest that you do this regardless of which option you choose since plainly you can afford to do so. It hugely increases your chances of success irrespective of which option you choose.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 month ago.
Many thanks Tom. Great advice and strong direction. The second option looks to have the highest success probability and I'll head down that road . Just one last thing, if I may. If we applied for and got the visa before the end of this year, for example, would it still be valid I'd we did not arrive in the UK until the middle of 2018, for example. We currently have no home in the UK and will be cash buying shortly after arrive. All subject to selling up over here. House is on the market now. Do we apply now or wait until our house sells??
Expert:  Thomas replied 1 month ago.

Hi,

Personally, if intending to travel to the UK in the middle of 2018 then I would wait until the start of 2018 before applying. There is nothing to stop you readying the documents in the meantime.

Although if you applied before 2018 your wife would still be able to travel, though may face some questioning about why there was a postponement, it may cause slight complications when she ultimately comes to to reapply for ILR once she has been in the UK again. It may result in her having to extend her visa twice rather than once which is an admin hassle.

Provided you have the cash savings without needing to sell the house then it's up to you when you sell.

Kind regards,

Tom

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