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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7506
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi.. I am currently based in new york and need help for my

Resolved Question:

Hi.. I am currently based in new york and need help for my 2 sons who live with me and we all had Indefinite Leave to Remain in UK. I did not realise that they will lose their status if they lived with my husband and me outside the UK. We are all scheduled to go back to the UK after my husband finished his position in the USA. What should I do? One of my sons is now 19 years... Please help me or point me int e direction I need to go?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your question.

 

How long has it been since they left the UK?

 

Kind regards,

Tom

Customer: replied 5 years ago.
2 years 3 months... I have 2 sons.. One is 17 and will close 18 in Feb next year and the other will close 20 in Jan next year..
Expert:  Thomas replied 5 years ago.

Ok.

 

Are you certain they are not eligible for UK citizenship and therefore UK passports?


Tom

Customer: replied 5 years ago.
I married a British national in 2002 and my sons and I lived continously in the UK for close to 3 years before my husband had to take a position in the USA in 2005 andand my sons and I have been with him living in the USA but kept travelling back to the UK. I travelled back twice to the UK this year and it was a total oversight that my sons did not go back to the UK. We currently possess Indian passports. I do not know if we are elligible for British citizenship or not. We could have applied for it I guess in 2005 but we did not. We have been residing out of the UK periodically with my husband so I do not know if we will qualify for citizenship.

Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your question.

 

They would not qualify for UK citizenship in those circumstances.

Their ILR would have been revoked given the amount of time they have been outside of the UK unfortunately.


As such they will have to apply for Returning Residents visas before they travel. In normal circumstances a person can only apply for this if they have only been absent for two years. However, a person can apply after being outside the UK for longer than 2 years if they can show that they either have strong family ties with the UK, or have lived in the UK for most of their life.

 

If you are to all return to the UK then this would be sufficient to demonstrate your family ties to the UK but you will have to show the UKBA that you all intend to return by producings statements confirming your plans to come back to the UK. Their previous period of residency will also help to an extent.

 

All the information confirming the above and how they can apply for this is contained on the following page:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/returning-residents/

 

I should think they will be fine but it takes quite a long time to determine an application so you should allow at least three months before submitting the application.

 

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I will answer your follow up questions you may have.


Kind regards,


Tom

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