andyjass

Hi ,Everyone,

Recently in August 2015 I have applied settlement visa for them from Hong Kong and was successful and my wife was issued 33 months visa until July 2018 and my daughter was given ILR.

We have used the 30 days vignette sticker and traveled to UK within 30 days time period in Nov 2015 we stayed there for a week and then returned back to Hon Kong .Since my children are still under education here in the middle of school term which will finish in July 2016 .We intend to stay here until then and then plan to settle in UK on permanent basis in August 2016.I would like to know will there be any problem on arrival in UK at that time since my wife will be out of UK for some time then nearly 9 Months or there will be any problem when applying for extension of definite leave visa for her in July 2018 in UK or just they will be delay in getting ILR for her in future.Have UK immigration set any time limit on days you can be be absent on 33 month settlement visa ? For my daughter which was issued ILR I think she can be away of UK of maximum 2 years without any problem I think for what I read about it.Iam correct?

Is there any way you you can help to to solve my query on the matter.

Thanking You



Best regards

Shirtback

I *think*, but I can't find the official reference & link right now, that a maximum of 180 days absence in any 12 month period is the maximum allowed when applying for ILR.

I'm just curious as to why you didn't wait to apply until this summer?

andyjass

Hi,

Thanks for your reply. Since my daughter was reaching the age of 18 in Sept 2015 I needed to act fast I had no choice .After attaining the age of 18 its more difficult to get her the visa. Now both my children and are in the middle of school term which will end in July.It will be a problem if we all leave in the middle. If it effects only the delay in getting ILR its ok but if they cause problem at arrival then it will be a big problem.


Thanks
best regards

BritInParis

Are your children not entitled to British citizenship?

mikelincs

If the daughter is the child of a British Citizen other than by descent, then she is automatically a British Citizen and you only need to apply for the UK passport,

HKG3

I guess the OP gained his British Citizenship via the 1990 British Nationality (Hong Kong) Act with one of his parents being registered under section 1(1) thus became a British Citizen other than by descent. As a result, the OP would be registered as a British Citizen by descent.

If my assumption above is correct, the OP would need to lived in the UK for three years before being able to pass on his British Citizenship to his overseas born children.

andyjass

Hi Everyone,

Thanks for your reply,

My Daughter was born in Hong Kong in Sept 97 after British handed over Hong to Kong to China on July 1st 97 , She could have entitled to British citizenship either if I was holding a British passport when she was born or she was born before the 1st Of July 1997. I gained British Citizenship after she was born, before that I was holding a BNO passport so she is not entitled for British passport until she goes to UK and lives there for I think for few years at least My son who was born in 2002 automatically got British Citizenship right away.

Thanks
best regards

althorp99

Hi Andyjass,

I'm in the same predicament. My daughter turns 18 on Jan. 28 2017 and finishes high school in June 2017. So we were hoping to be able to travel to get the visas to the UK and then come back to California to finish her schooling. I am looking for same answer as you, basically how long do her and I have to be outside the UK once we have been granted our visa? it seems to be max. absence of 180 days in a 12 month period? Hope someone can help!

althorp99

Andyjass, do you mind If I ask how long the process took to get your wife's settlement visa and your daughter's ILR? You said you started in August 2015 but travelled in November 2015, did it really take 3 months? or is that including the 30 day period allowed for travel? Thanks!

Shirtback

Probably better to start your own thread, IMO. & give details of your situation.

althorp99

Thanks Shirtback I did, and for some reason didn't get much feedback

Shirtback

You mean here:
Spouse visa with stepchild over 18 - British Expats ?

Responses on that thread are good. Especially BiP's. I'll acknowledge it's very recent & you might not have seen it.

althorp99

Thanks Shirtback, I wrote the last email before BiP's response which is what I was really looking for.