How to return without splitting the family

[plymex]

Dear All,

I'm new to this site and had a look through various posts already.

Here is my situation:

- I am British, my wife is Mexican, we have 3 children with British passports.

- Wife had Entry Clearance in 2007 with Spouse Visa valid until 2009;
- Applied for and granted Leave to Remain until Aug 2011;
- We left UK to live in Mexico in Nov 2010 (before visa expired);
- I'm soon to lose my job here in Mexico and we need to return asap;
- We applied for Returning Resident visa which was denied as she did not have ILR before (was my mistake);
- We discussed options to return:
1) I return by myself, get a job for 6 months at 18,600 GBP, get a place to live etc and then she comes over with the kids;
2) We both return together, but she goes as a tourist/visitor for 6 months, returns to Mexico and when I've been working for 6 months, she applies for the spouse visa under the new rules.
3) We go via the Surinder Singh route - but we don't want to have to move twice, for the kids sake.

Can anyone advise me on option 2, particularly. Could I sponsor my wife's visit even if I'm travelling on the same flight? My mother has offered us accomodation.

I still have a UK bank account with enough savings for a return flight and living expenses. I also have a UK credit card.

Any other advice very much appreciated.

[Lucapooka]

Option 2. But you have to keep a straight face on arrival and make out as though it's a visit for the whole family. Mexicans don't need to apply for visit visas before they travel, so it's all a matter of what you say when you get to the UK. If quizzed, mention your ties to MEX.

You have to be working in the EU state and that will take time and money. Option 3 is not viable with 3 kids unless you have substantial cash assets. And if that were the case you would use those to apply for settlement in the first place.

[Obie]

Well option 2 has risk associated with it, given the refusal of her previous application as returning residence. An immigration officer will be justified in those circumstances to conclude that she is not a genuine visitor.

Option 3 seems to be the best option in your circumstances. You could move to another memberstate now, whiles the children are in Mexico, and during the summer holidays, they could spend time with your in the other EU state, and by the end of the summer break, you may have secured a job which will enable your wife to qualify under the rules.

It is pretty close to the end of the school year any way.

[Casa]

I may be wrong, but in order for Surinder Singh (option 3) to work, don't the couple have to be living together in an EU state?

[Obie]

They have to be living in the EU country together, but i don't believe it is for the duration of the EU national's stay.

It is perfectly proper for the EEA national to go to say Ireland in May, and the non EU join him there in July with children, and they return to the UK as a family Unit in September.

[plymex]

Thank you so much for your replies. I am aware there may be suspicions about my wife's visit if she went as tourist/visitor, so although she does not need a visit visa, the UKBA does recommend applying for one if an application for a visa has failed in the past.

Now...has anyone gone ahead with my Option 1? Does anyone have any advice about that? How would the kids manage (mine are ages 4yrs, 3yrs, 7mths).

I know I would miss some key stages of my youngest child....his first steps, first word etc. But I also know that this would be the simplest, quickest and safest option.

I also saw something about the 10 year family route in another post, but I'm not familiar with that.

[Obie]

Ten years rule applies to family life that is already established in the UK.

It does not apply when that is not the case. She will have to meet the financial requirement. Fortunately for you, the children are exempted.

With option one, there is a possibility you will be seperated from your family for a substantially long period.

[plymex]

OK. So, looking around the UKBA website and the Immigration Law & Rules, I came across this:
http://www.ukba.homeoffice.gov.uk/polic ... _partners/

(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom;

But does this mean that I would also have to be an applicant? As a British Citizen I already have the right of abode there.

I am having a little help from my mother who went to the Citizens Advice Bureau, who brought this up.

[Casa]

You can't be the applicant...you're the sponsor. The 4 year concession is no longer available.