JahLove

Hello

I need a bit of advice. How do I apply for the returning resident visa from South Africa. Is it online or form? I'm seriously confused. Left the UK three years ago and had indefinite leave to remain.

BritInParis

Unless you're applying from North Korea you'll need to apply online.

https://www.gov.uk/returning-resident-visa

Vadio

BUT - a word of caution - a returning resident visa is pretty difficult to get. you might want to post more info about your specific circumstances for additional advice.

bartlettpsj

I read on this forum they (ECO) generally reject returning resident visa applications (because >2 years, which is illogical).

I'm British, but my wife, who entered UK in 1987, is not. We've been married 27 years and we lived in UK together for 28 years - now with 2 grown up kids - until I got a work permit for USA in 2014, now 3 years on in USA and we're considering the options of returning home, and I just learned of this 2 year rule!! She had just been in UK more than 50% of her life - next birthday it will be < 50%. We still have our houses rented out in UK, which we jointly own. Our son still lives in UK. It should be a simple case of returning, BUT ....

We are going to apply for the returning resident visa, but are we likely to be rejected (£478) as it seems they systematically do this and seem to drag this out on purpose.

Vadio

From personal experience, I do know this. If your wife visited the UK and got a visitor stamp at the border, then the ILR was invalidated. One of the criteria for the returning resident visa application to be successful is that the applicant must have been 'present and settled when they last left the UK'. If she entered as a visitor at any time during the 3 years you were away, and got the visitor stamp, then by definition she was not present and settled when she last left.

I got caught out a few years back on that very point when my returning resident visa was refused. It's a crap shoot. She may be approved, and it you have the time and the spare £478, go for it. Also bear in mind that nay refusal will slow up any subsequent application for a spouse visa.

Good luck.

HKG3

You should know about the two year rule - when I got my ILR, the Home Office sent me a letter with it saying that ILR will be lost if you lived outside of the UK for more than 2 years. Why your wife did not take up British Citizenship when she was in the UK? This would have saved a lot of problems.

In your own case, you should also consider applying for US citizenship if you are qualified and not already done so. This could make lives easier in the future.

JahLove

I left the UK with intentions of returning after 3 months but my then husband refused for me to return back to the UK within the specified time as he was abusive. I've got all evidence of this. After a year of being away he was senr to jail and I managed to secure a divorce. I then enrolled to finish my nursing studies which made me go over the 2 year mark. Recently my father who is my son's primary carer had a heart attack and is finding it difficult to cope. My mother works full time to support the family. There is no one else who can take care of him. He is 8 and in school.I've not finished my nursing course but I need to be back in the UK asap. Sorry its a bit long. I was settled and attending uni before I left.

angie_329

This article by an immigration barrister, Colin Yeo, discusses the issues around ILR and returning resident applications

https://www.freemovement.org.uk/case...residents-ilr/

From what I read I think you woud need an expert, as above, to prepare a strong case for your application as otherwise it is likely to be refused. Of course you would need to pay for that, I believe they/he charges a fixed fee rather than open ended, but it would be less costly than having to start again with trying for a work visa and six years to ILR with the higher salary rquirements now. Or not being able to go back at all.

angie_329

Have a read of this article I posted in reply to jahlove. in your circs you may well be able to make a case but submitting it yourself is unlikely to suceeed as the defacto respone is refusal.. but there is discretion in the regs... which needs to be pointed out by a expert/ immigration lawyer, so harder for HO to refuse without cogent explanation.

https://www.freemovement.org.uk/case...residents-ilr/

SanDiegogirl

After living in the UK for 28 years one must wonder why she would not have taken our UK citizenship.......

az2014

I've lived in the UK over 25 years and have had no need or want to become a British Citizen.

If I was planning to move to a different country then I would quite simply be stupid not to get it before going. Aherm.

BritInParis

The high refusal rate is because most people don't meet the requirements. Your wife had 25 years to became a British citizen and chose not to. Your situation may be frustrating but it was entirely avoidable.

Vadio

With all due respect, plans have a way of changing, and choosing NOT to become A British citizen may come back to bite you.

I got citizenship as soon as I was eligible. The UK is my home, I pay taxes here, and I hope to end my days here. I also want to fully participate in every aspect of life - and for me, that meant being eligible to vote.

Plus, coming through immigration with that lovely passport, not having to respond to questions, be fingerprinted, and sometimes be treated with less respect than I felt was my due as a person...well, it was well worth the fees for that freedom.

bartlettpsj

We honestly never thought of it as a problem and would 'one day' get round to it, if necessary. Her uncle is a Doctor in UK and has been ILR for 40 years. We incorrectly assumed it was indefinite to be a perm resident, but obviously wrong. She is a teacher. We even completed the paperwork for citizenship in the 90's, but our mistake never thought it was really important what passport you held and didn't submit. When the issues of migration, Europe and all became heavily politicized targets came along, it became a much bigger issue. When you are bringing up a family and busy working, you really don't think about this stuff until it's a serious problem!

Btw SanDiegoGirl, my wife and I are "stuck" in San Diego, so all is not so bad !! But she cannot even visit our own kids in UK.

Vadio

Aside from financial considerations (air fare, etc.) and work commitments, why can she not visit the UK?

Losing ILR doesn't negate entering as a visitor.