How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7408
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

my wife & i emigrated to australia back in 1995 with our daughter

Customer Question

my wife & i emigrated to australia back in 1995 with our daughter who is now 22 she was born in the phillipines i took them to england to live where they were granted leave to stay indefnatlyafter 7years we ewmigrated to australia we now want to return to the ukwhat is our position on going back
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.


Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What nationality is your wife
  • 2. What nationality are you
  • 3. When was your daughter born

Kind regards.


Customer: replied 4 years ago.
she was philapino but has now got australian citizenship .2britsh/australian .3 14 02 1988
Expert:  Thomas replied 4 years ago.



Were you married at the time of your daughter's birth?



Customer: replied 4 years ago.

married 23/05/1988 daughter born 14/02/1988

Expert:  Thomas replied 4 years ago.

Thanks for your reply.

Your daughter qualifies for UK citizenship by descent (from you) under the British Nationality Act 1981. You will be able to register you daughter as a UK citizen and apply for a UK passport so that she may return with this. You should contact the nearest British Embassy in this regard.

Your wife having obtained ILR (indefinite leave to remain) but then living outside of the UK will probably have had her ILR curtailed, since the discretion to do this arises for the UKBA after it has become clear through lapse of time that the person did not continue to live permanently in the UK. The curtailment of ILR is fairly inconsistently applied but I should think that given the length of her absences and subsequent it would have been curtailed. You may choose to contact the UKBA directly in this regard.

IN the event of curtailment and an intention to relocate back to the UK, a person who has previously held ILR can in some circumstances apply for a returning resident’s visa. This is usually where the person has only been absent from the UK for a period of less than two years. You can make an application under this category if the absence is greater than two years and the person can show strong family ties or has lived most of their life here:-

IN the circumstances I should think that the most appropriate form of application for her would be an re-application for settlement:-
If you can show that you have lived together for a period of 4 years outside of the UK and also provide recent evidence that she has passed the knowledge of life in the UK test with your application for settlement then the ECO should grant her ILR upon determination of the application rather than having to wait a further 2 years on the spouse visa before applying again for ILR:-

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

Kind regards,

Expert:  Thomas replied 4 years ago.
I note you have not clicked accept to my answer. Is there any further information you require?
If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.
Please click accept. I cannot work for free.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Thomas



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Clare's Avatar



    Satisfied Customers:

    25 years hight street experience
  • A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    13 years specialist skill in UK Immigration & Nationality Law
  • Paul Richmond's Avatar

    Paul Richmond


    Satisfied Customers:

    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • Awan-Legal's Avatar



    Satisfied Customers:

    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.