jcolman wrote:My wife of 15 years was previously granted a settlement visa in 2007 but we left the UK to look after her sick mother.
Five years later, we now wish to return to the UK which is my birthplace.
I'm looking for advice on whether to pursue a settlement visa now or go for a "family of a settled person" visa first and seek ILR later. 'Family of settled person' and settlement visa is the same = spouse visa. Your wife will only qualify after 5 years residence in the UK on a spouse visa, initial visa for 33 months and an extension near expiry for a further 2.5 years.
Does her previous settlement visa change matters at all? For example, would she be exempt from the English proficiency requirement having already had a settlement visa before 2012? No, she would need to qualify from scratch for the visa. English A1 test unless she is from a recognised English speaking country or a Degree that is recognised and taught in English.
What about proof of income? It is tougher criteria now compared to when she previously had the visa. You need to prove that you earn a minimun of £18,600pa or equivalent or have substantial savings of £62,500 held for a minimum of 6 months.
BTW, our two children are already official British citizens.
Which do you think would be the best approach?
There is also a new NHS surcharge that she will have to pay upfront at point of application for the duration of the initial 33 month visa (£200 per year for 3 years = £600). This will need to be paid again when she applies for a further extension for 2.5 years.
