Can I still come back to UK and apply Tier 2 working visa?

[Yoko2016]

Dear all,
I don't even know how to start my complicated story. Anyway I will try to make it as simple as I can, and hopefully someone can guide me to the right direction and advises will be really appreciated.

I am Chinese lady married to an Irish man since 2007, we both lived in London. I have got my 6 months FM join in sponsor visa and right after 5 years EEA family permit which expired Sep 2012. I have applied PR but unfortunately after 8 months decision time, I been refused to give the visa and also HO has kept my passport since. During the last 3 years, I have tried to reapply the EEA4 and EEA2 numerous times, but unsuccessful, the reason for refusal was my husband doesn't exercising his treaty right, as he wasn't working continuously during that 5 years. Anyway, after such long time struggling, I have decided volunteeringly left London on 29th of Sep 2015 and came back to China. But from 2012-2015, I have been granted to finish my Nursing degree, and allowed me to work as a nurse in the hospital as well.

Therefore, what I want to ask is, as my job is staff nurse and I have been trained and registered in London, and now I am planning go back to UK to work as a nurse, as far as I am aware that the EEA FM route won't work anymore after trying so many times, so I have applied Tier 2 working visa for shortage occupation, I have obtained the Certificate of sponsorship letter, and ready to submit the online application form.

My question is in my case Am I considered as over stayer, can I still apply working permit or I have been banned from UK, as I have asked the lawyer before I left UK, he states that as I am married to a EU citizen, and I have been constantly applied the visa application, so I am not considered to be a over stayer. But I just want to clarify this, as I do need to pay almost £1000 for the application fee and healthcare surcharge fee as well.

Sorry for such long story, I do hope someone can give me a clear explanation and guide me through this.

Many thanks

[vinny]

Where is your husband now and what is he doing?

[Yoko2016]

Where is your husband now and what is he doing?

Hi Vinny, my husband still in London.

[vinny]

If he is not British and still exercising EEA treaty rights, then it may be better to continue on the EEA route.

[vinny]

Did you try appealing against the previous refusals?

[Yoko2016]

Did you try appealing against the previous refusals?

Hi vinny,

We could not afford the fee back then, I was in the university and he wasn't working, so we didn't.

[vinny]

What is he doing now?