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Discussion Starter · #1 ·
Hello all!

A quick question regarding IRL status and Returning Resident visas.

At the moment I have IRL and have done so for 3 years (plus 2 years prior to these when I had Leave to Remain through marriage to UK Citizen and 6 months prior to that a fiance visa).

I work in the film industry and have potential to move back to the US for a project, not quite sure on the length, but it might be longer than 2 years, which would cause my status in the UK to reset.

Ive been looking into the Returning Resident application and there seems to be very little (and conflicting) information on it.

According to GOV.UK, it claims that you need to have NOT left the UK for more than 2 years

https://www.gov.uk/government/publications/returning-residents-set09/returning-residents-set-09

However I have also read on GOV.UK that you need to apply for the Returning Resident visa if you've left for MORE than 2 years.

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

Which of these is the case?

Im assuming it is the latter. If that is the case and I were to be out of the UK for more than 2 years and I attempted to apply for Returning Resident, would these grounds be enough to be granted it:

  • My prior time in the UK (5+ years)
  • Marriage to a UK citizen (5+ years)
  • Owning property in the UK (I own a home in Bristol)
  • My wife would have most likely returned to work in the UK prior to me leaving, so i would be returning to be with her
  • My wife's family are all located in the UK
  • And while it would be subjective, the return would be to start a family and to honestly re-settle.

If this were to fail, if feel like the new financial requirements for a 'joining family' visa would be out of my reach given that I tend to be on project based contracts and the approx. £62,000 requirement seems difficult to attain without a permanent contract to return to.

However, the information on maintenance and financial requirements is rather confusing as it seems to boil down to saying you need

A job that pays more than £18,600
or
More than approx. £62,000
But
You can subtract your jobs salary from the maintenance requirement (or do I have this the wrong way around?)


Any advice or clarification to my misinformation would be greatly appreciated!

Cheers!
 

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It sounds as though being a returning resident is a normal procedure for which you don't need a particular visa, unless you've been away for 2 or more years, in which case you'll have to apply for one, supplying evidence that you have maintained ties to the UK and have extenuating circumstances which have kept you away for two years.

I could be wrong, I apologise if this is not the case...
 

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Discussion Starter · #4 ·
Why not apply for citizenship so that you have nothing to worry about in the future?
I would have liked to use this option but the opportunity has come out of the blue and I would not have the time to apply for citizenship, wait for the paperwork to clear and get a passport.

Thanks for the response!
 

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Discussion Starter · #5 ·
It sounds as though being a returning resident is a normal procedure for which you don't need a particular visa, unless you've been away for 2 or more years, in which case you'll have to apply for one, supplying evidence that you have maintained ties to the UK and have extenuating circumstances which have kept you away for two years.

I could be wrong, I apologise if this is not the case...
Thanks. More than likely I will be out of the country for more than two years, which is why Ive been looking into the Return Resident visa

Im wondering if 'ties' that Ive listed in my original post are enough grounds to be granted Returning Resident status.
 

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I would have liked to use this option but the opportunity has come out of the blue and I would not have the time to apply for citizenship, wait for the paperwork to clear and get a passport.

Thanks for the response!
There is nothing stopping you from applying, asking for you US passport back and then travelling whilst the application is in process
 

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There is nothing stopping you from applying, asking for you US passport back and then travelling whilst the application is in process
Truly - Or you can apply for a British passport online from the US, could this be an option?
 

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Discussion Starter · #8 ·
There is nothing stopping you from applying, asking for you US passport back and then travelling whilst the application is in process
It's quite a large application fee and wouldn't appear as though I was out of the country, working in the US?

In addition, would I need to return for the ceremony?
 

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Discussion Starter · #9 ·
Truly - Or you can apply for a British passport online from the US, could this be an option?
Im not a citizen at the moment, am I allowed to do this? My job would start in August and even if I applied next week, the processing time alone would have me out of the UK

I feel like this would look suspicious and cause the application to be rejected.
 

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Discussion Starter · #10 ·
Ive been looking into the Returning Resident application and there seems to be very little (and conflicting) information on it.

According to GOV.UK, it claims that you need to have NOT left the UK for more than 2 years

https://www.gov.uk/government/publications/returning-residents-set09/returning-residents-set-09

However I have also read on GOV.UK that you need to apply for the Returning Resident visa if you've left for MORE than 2 years.

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

Which of these is the case?

Im assuming it is the latter. If that is the case and I were to be out of the UK for more than 2 years and I attempted to apply for Returning Resident, would these grounds be enough to be granted it:

  • My prior time in the UK (5+ years)
  • Marriage to a UK citizen (5+ years)
  • Owning property in the UK (I own a home in Bristol)
  • My wife would have most likely returned to work in the UK prior to me leaving, so i would be returning to be with her
  • My wife's family are all located in the UK
  • And while it would be subjective, the return would be to start a family and to honestly re-settle.

If this were to fail, if feel like the new financial requirements for a 'joining family' visa would be out of my reach given that I tend to be on project based contracts and the approx. £62,000 requirement seems difficult to attain without a permanent contract to return to.

However, the information on maintenance and financial requirements is rather confusing as it seems to boil down to saying you need

A job that pays more than £18,600
or
More than approx. £62,000
But
You can subtract your jobs salary from the maintenance requirement (or do I have this the wrong way around?)


Any advice or clarification to my misinformation would be greatly appreciated!

Cheers!
Even though I might pursue this route of applying prior to leaving I am still concerned with what to do in regards to my original post if these options fail.
 

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I know that you can have the ceremony outside of the UK, however perhaps Nyclon or Joppa whould be better at answering your question...
 

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It's a shame you didn't apply for citizenship when you became eligible. If you live outside of the UK for more than 2 years, ILR lapses and you have start the visa process from scratch and apply under whatever rules are in place at that time. The Returning Resident Visa is one of those that's extremely difficult to qualify for. I don't recall anyone being successful.
 

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Discussion Starter · #14 ·
It's a shame you didn't apply for citizenship when you became eligible. If you live outside of the UK for more than 2 years, ILR lapses and you have start the visa process from scratch and apply under whatever rules are in place at that time. The Returning Resident Visa is one of those that's extremely difficult to qualify for. I don't recall anyone being successful.
Tell me about it!

This job opportunity has come out of the blue. I haven't accepted it as I'm trying to work out the logistics of everything but I would love to have had this boxed ticked already.

It does seem like the Returning Resident visa is near impossible to get.

However, would it be possible to apply using an NCS to get my documents back after applying and then leave the UK while my wife still resided in our home until everything was squared away.

Once this was finished, could I then swear the oath at an embassy located in the US, and finally apply for my Passport within the US?
 

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Discussion Starter · #15 ·
Just an update and another questions (obviously !).

Ive filled in my citizenship application and will be going to an NCS in 2 weeks times to submit the application.

My question is this: If while my application is submitted and I move to the US for this new job.

a.) Will I need to inform the UKBA about my change of job
b.) Will I need to inform the UKBA about my change of address even though my wife will still be in the UK and I will still have my house (which I own) as my primary contact address
c.) Will this change anything in terms of attending the ceremony as I potentially wont be in the country OR will i need to return for it.

and d.) will all of this result in the application being rejected?
 
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