Re-entry on a tourist visa after Tier 1 (General) expires

[Debbie50]

Hello. I am currently on a Tier 1 (General) visa which expires in late October. I will not be able to extend the visa, as I have been looking after our children and will no longer meet the terms of the visa. My husband is eligible to apply for ILR from mid September, and I could then apply for FLR(M). The only problem with this is the expense - we are likely to only be in the UK until early 2013 before heading back to Australia (we need the extra few months due to my husband's work commitments).
I am wondering if there is anyway of staying a few extra months other than the ILR/FLR(M) route? For example, if we briefly left the UK when my visa expired and then returned, would it be possible for me to re-enter the UK on a tourist visa for those few extra months? (If we could show I wouldn't be working, we had a ticket to Australia booked for early 2013, etc). I'm probably clutching at straws here, but thought it was worth asking.
Thank you!

[cs95tdg]

To gain entry as a visitor/tourist there are two key aspects that the ECO or IO will look at; 1) That you intend to return to your home country after your visit, 2) That you can support yourself without recourse to public funds during your visit. The first is usually proved by showing ties to your home country or country of residence. And from what you have said I see that will be a difficult one to prove. Reason being, the UK has been and really is your current place of residence, with your spouse and children living here even though you have plans to return to Australia in the near future. The fact that your spouse will be applying for ILR would be another reason why an IO will think you intend to settle here rather than return at the end of the visit.

[Debbie50]

Thank you for that. The hope we had with the 'tourist visa' route was that he wouldn't have to apply for ILR (and me FLR(M), he'd just stay on his Tier 1 (which is valid until May 2014). However, it sounds like this wouldn't make any difference anyway, given the time we have spent in the UK (5 years in October). Thanks.

[Debbie50]

I have a related quick question. I get the impression from reading some internet forums that you have up to 28 days after your visa expires to leave the country. Is this true, or do you have to leave on (or before) the date of expiry? I would be surprised if this was the case, but I’ve seen it referred to a few times. Any clarification would be appreciated.