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Discussion Starter · #1 ·
Hey guys,

I used this forum a few years ago and a mod named Joppa (I think that was the name) was a massive help, so I stayed active helping others for a few years and now several years later, have signed up for a new account in hopes that some smart cookie can help me out!

I'll try to keep this brief. I'm Canadian, wife is British (Scottish). Been married for 5+ years now. Met my wife in Scotland, moved a year later -- I was in Scotland on a 2 year working/young person (can't remember the name) visa, got married, got a UK spouse visa, did the renewal 2.5 years later for my seocnd spouse visa, then with about 6 months to go until citizenship, we moved back to Canada. My mother was ill and has recently passed, along with the fact we wanted to give Canada a try.

That being said, we are both in the same boat in wanting to move back to Scotland. We know from previous visa's that this can be arduous, time consuming, and expensive, so we are planning it out now in hopes to get the ball rolling.

My question is -- what visa would I apply for now? Would I go straight back to the beginning spouse visa and need to do all 5 years over again for citizenship, or would I do a spouse visa renewal, or what? I can't find any information on someone in this exact situation. I still have my old residency card (since expired, obviously) and we have all documentation.

Thanks so much for reading and massive appreciation to you all.

Shaun
 

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I'll try to keep this brief. I'm Canadian, wife is British (Scottish). Been married for 5+ years now. Met my wife in Scotland, moved a year later -- I was in Scotland on a 2 year working/young person (can't remember the name) visa, got married, got a UK spouse visa, did the renewal 2.5 years later for my seocnd spouse visa, then with about 6 months to go until citizenship, we moved back to Canada. My mother was ill and has recently passed, along with the fact we wanted to give Canada a try.

That being said, we are both in the same boat in wanting to move back to Scotland. We know from previous visa's that this can be arduous, time consuming, and expensive, so we are planning it out now in hopes to get the ball rolling.

My question is -- what visa would I apply for now? Would I go straight back to the beginning spouse visa and need to do all 5 years over again for citizenship, or would I do a spouse visa renewal, or what? I can't find any information on someone in this exact situation. I still have my old residency card (since expired, obviously) and we have all documentation.

Thanks so much for reading and massive appreciation to you all.

Shaun
Shaun

Did you have Indefinite Leave to Remain (ILR) before returning to Canada? If the answer is yes, then you can try to get a returning resident visa in order to return to the UK.

On the other hand, if you did not have ILR when you left the UK for Canada, then you will need to start the whole spouse visa process again. You will get ILR after 5 years in the UK and apply for British Citizenship as soon as you have ILR.

One more point - your wife should consider applying for Canadian citizenship before returning to the UK if not already done so. This will make future trips to both Canada and USA a lot easier.
 

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Discussion Starter · #3 ·
Shaun

Did you have Indefinite Leave to Remain (ILR) before returning to Canada? If the answer is yes, then you can try to get a returning resident visa in order to return to the UK.

On the other hand, if you did not have ILR when you left the UK for Canada, then you will need to start the whole spouse visa process again. You will get ILR after 5 years in the UK and apply for British Citizenship as soon as you have ILR.

One more point - your wife should consider applying for Canadian citizenship before returning to the UK if not already done so. This will make future trips to both Canada and USA a lot easier.

Hey HKG,

Thanks so much for replying -- thought it was going to get washed away with all of the other posts! So I still have my old visa (have it in front of me right now), it was the second of the two, 2.5 year spousal residence permit visas. It says the "TYPE OF PERMIT" is "SPOUSE/PARTNER LEAVE TO REMAIN". I'm not too knowledgeable on all of this, so would I fall under the category to apply for a Returning Resident visa?

Great idea -- thanks for that!
 

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Discussion Starter · #4 ·
Bump -- hoping someone can tell me if I would be eligible to apply for a returning residence, that would be amazing!

Thanks so much
 

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You would need to start the spouse visa process again, as you don't have the indefinitive leave to remain. You have the second spouse visa, but there is a third and last one (the ILR).
 

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Discussion Starter · #6 ·
You would need to start the spouse visa process again, as you don't have the indefinitive leave to remain. You have the second spouse visa, but there is a third and last one (the ILR).


Gotcha, thanks ctyler, appreciate your response
 
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