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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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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: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 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 6 years ago.
she was philapino but has now got australian citizenship .2britsh/australian .3 14 02 1988
Expert:  Thomas replied 6 years ago.



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



Customer: replied 6 years ago.

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

Expert:  Thomas replied 6 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:-

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Kind regards,

Expert:  Thomas replied 6 years ago.
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