Steveo1969

Hope someone can help with this. I am an Australian passport holder and need to move back to the UK. My ex wife moved the children over there and is now being difficult with contact. I had an Indefinite Leave to Enter visa but I have was out of the UK for more than 2 years so I believe it is now invalid (mainly due to my late mother being ill). I have a UK court order for contact with the children and have travelled regualarly to the UK to see them (except for the 2 years when I initially returned to Oz). I am planning on a quick trip to visit the home office in 3 weeks time to see if they can help. The children have been back for 4 years (we see each other at least 4 times a year) and I didn't return with them due to economic issues.

Any experiences or help is really appreciated.

englishguygoinghome

There is a section of the new appendix FM which may cover you:
See: http://www.ukba.homeoffice.gov.uk/po...e-as-a-parent/

I thought there was something elsewhere in the rules for "exercising access rights to a child in the UK" as well - possibly in the visit section, not sure. Are you wanting to settle in the UK or visit regularly?

You may well find the ECO questions point (b) in the above rules. Right now it seems they are simply intending to drive down net migration - so refuse as many visas as possible and encourage as many Brits to leave as possible.

BritInParis

http://www.ukba.homeoffice.gov.uk/vi...ing-residents/

I would apply for a visa to go back as a Returning Resident. Even though it's been more than two years since you last resided in the UK you can still return so long as you can demonstrate strong family ties. If your ex-wife and children are there and you have been maintaining regular contact, as demonstrated by your visits to see them, and as you have compassionate reasons as to why you left the UK then there's a good chance you'll be eligible. Make sure you explain the circumstances surrounding your departure and your reasons for wanting to return and try and back this up with supporting documentation. The stronger the case you can present the more likely an ECO will be willing to grant your visa.

http://www.ukba.homeoffice.gov.uk/po.../ecg/set/set9/

"SET9.5 Exception to the two year rule for those who have strong ties to the UK

Paragraph 19 of the Rules provides for persons who have ties with the country which merit admission even if they have not been resident in the UK for two years.

The ECO should consider the following factors in assessing whether strong ties exist:

- the length of the original residence in the UK;
- the time the applicant has been outside the UK;
- the reason for the delay beyond the 2 years - was it through their own wish or no fault of their own (for example, having to care for a sick or elderly relative)?;
- the reasons for leaving the UK and for now wishing to return;
- the nature of the family ties in the UK;
- how close are they and to what extent have they been maintained during the absence?;
- do they have a home in the UK and, if admitted, would they remain and live there?

The longer a person has remained outside the UK (over 2 years), the more difficult it will be for them to qualify for admission under this provision. The longer the previous residence in the UK, the stronger the case for consideration, provided that there had not been a break in residence which extended over a number of years."

pennylessinindia

Not entirely clear how long you have been out of the UK, looks like 4 years may be hard to show the ECO that you meet the Returning resident but sounds like you meet the requirements access to a child if you have a UK court order:
http://www.ukba.homeoffice.gov.uk/po...ecg/vat/vat23/

englishguygoinghome

Ufortunately those rules were superceded by the new appendix FM which is a fair bit more stringent :

Steveo1969

Thanks all for your help. I lived in th UK for 17 years and have been back for 9 years now. I have travelled back and forth for 4 years but as a visitor. I hope to get a returning residence visa and my fingers are crossed. I am travelling back to london in 2 weeks to explore the possibilities. I will let you know what happens.

spouse of scouse

This is probably a silly question, but have you checked your eligibility for an ancestry visa, ie do you have a UK grandparent? I'm sorry to hear of your difficulties and I hope it all works out for you

Steveo1969

Thanks Spouse of Scouse. Unfortunately I have italian grandparents. This could be a line of enquiry if all else fails which I didnt even think about..

BritInParis

You'll need to find out whether your grandparents naturalised as Australian citizens before or after your father or mother (their child) was born. If it was after then you should definitely look into getting an Italian passport as that would solve your problem in one fell swoop.

Steveo1969

Thanks brit in paris. Only one grandparent would have been naturalised in oz and I think it was after I was born. The other 3 remained in Italy. I will follow this up. Thank you all for your help