Grey Area

[Ted]

Im a British cit by birth.
Im going to put an application in for a settlement visa for my wife who is not a EU citz.
Apon reading the application there are boxes you must tick.
The only one I can tick is : "The spouse or civil partner of someone settled in the UK", the only issue is that im not sure if I am classed as settled.
For the best part of 15yrs I have lived in Australia, then I went to Vietnam where I met my wife and spent 9 months in Vietnam, then I went to the UK for just about 5 months and 3 of those I worked.
Two months ago I returned to Vietnam for the birth of our child and I plan to return to the UK in feb 2013.
Am I deemed as a settled British citizen?

The application form I have is VAF4A, on it it says : IF YOU ARE NOT COMING TO THE UK UNDER ONE OF THESE CATEGORIES, YOU ARE COMPLETING THE WRONG APPENDIX.

Would be grateful for your opinion.

[Casa]

Doesn't it also give the option for someone 'returning to settle'? It certainly used to. If you don't have employment in the UK, will you be able to meet the new financial rules when you submit your application?

[Ted]

Doesn't it also give the option for someone 'returning to settle'? It certainly used to. If you don't have employment in the UK, will you be able to meet the new financial rules when you submit your application?

Casa, I must answer one of the below, as you can see they all mention someone settled in the UK.

Here are the questions:



On what basis are you going to the UK? Put a cross (x) in the relevant box

As the spouse or civil partner of someone settled in the UK.

As the child of settled parents or with one parent who has
limited leave as a partner or parent granted under the Rules

As the adopted child of someone settled, or going to settle, in force before 9 July 2012.
in the UK.

As the fiancé(e) or proposed civil partner of someone settled
in the UK.

As the unmarried or same sex partner of someone settled
in the UK.

As the Post Flight family member (spouse or civil partner,
unmarried or same-sex partner, or child) of someone with
limited leave to enter or remain in the UK as a refugee or
beneficiary of humanitarian protection.


Casa, the only one that seems to apply to me is :

As the spouse or civil partner of someone settled in the UK.


Its also says on the appendix:

IF YOU ARE NOT COMING TO THE UK UNDER ONE OF THESE CATEGORIES, YOU ARE COMPLETING THE WRONG APPENDIX.


Also I am aware of the financial requirements and the application will meet them.

Casa could you ask around for me for this answer, Ive tried looking for another possible appendix that I may need to complete but there does not seem to be one.

KR

[Greenie]

All British citizens are treated at settled in the UK. Just tick the first option.

[Ted]

All British citizens are treated at settled in the UK. Just tick the first option.

Thanks a million Greenie

[vinny]

Greenie is correct.

SET3.4 What is 'present and settled'?

Sponsors may be British citizens. Strictly speaking, a British citizen who has been resident abroad but who returns to the United Kingdom to live is not 'admitted for settlement'. However, if he / she expresses the intention of returning to the United Kingdom to reside, the ECO can regard him/her as present and settled in the UK.

[Ted]

Greenie is correct.

Sponsors may be British citizens. Strictly speaking, a British citizen who has been resident abroad but who returns to the United Kingdom to live is not 'admitted for settlement'. However, if he / she expresses the intention of returning to the United Kingdom to reside, the ECO can regard him/her as present and settled in the UK.

Yes Vinny, thanks for the link