I am an Indian citizen and my wife is UKC. I was granted spouse visa on October 2007 for two years and i went to UK in November 2007. I stayed there for a period of 17 months but due to some personal circumstances i came back to India in May 2009, my visa that time was till September 2009 after which i period i was to apply for PR or ILR but even after the expiration of my spouse visa i didn't apply for ILR. During my stay in UK a son was born to me, with whom i could only stay for a period of 3 months and till date i have only seen him in photos or seen him via webcam. So now i want to apply for a visa to be with my wife and son but as new rules for maintenance have been introduced which makes difficult for my wife to sponsor me as she earns around 1000 pounds per month and she has mortgaged a flat also, so my questions are:
1. Does my previous stay in UK give me some advantage in regards to financial criteria.
2. If presently my wife can't fulfill the maintenance criteria can i apply visa under the criteria "Right to access to child"
3. In proof of my previous stay i have my insurance number, UK driving license, salary slips, and photos and video with my child.
I would be really grateful if you can guide me in this regard as i really want to be with my wife and son and its nearly four years i have been without them and i have very limited financial resources also.
