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ILR holders >2 years outside UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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BUCCI99
Newly Registered
Posts: 3
Joined: Sat Dec 07, 2013 7:12 pm
Location: United Kingdom

ILR holders >2 years outside UK

Post by BUCCI99 » Sat Dec 07, 2013 7:33 pm

Dear Sir/Madam,

I am a British Citizen, currently working in UK.
My wife, a daughter of 14 years and a son of 8 years old used to stay along with me in UK till 2010. In june 8th 2010, due to due to personal family problems they left to India and are currently staying in India.
They all hold ILR (Indefinite leave to remain) aka settlement. Now I want to bring them back permanently to UK.

Are they eligible to travel with their current stamping of ILR though it is more than 2 years or do they need any additional clearance of any form.

Please advice..

Thanks in advance for your help...
BUCCI

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Dec 07, 2013 10:06 pm

They may apply for returning residents or settlement visas.

The former is difficult. The latter is subject to the current requirements.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

BUCCI99
Newly Registered
Posts: 3
Joined: Sat Dec 07, 2013 7:12 pm
Location: United Kingdom

Spouse & Children Returning resident entry clearance refuse

Post by BUCCI99 » Mon Mar 03, 2014 11:23 pm

Hi, I am a British Citizen working as a consultant and billing to my own company.
I applied in Returning resident category visa for my dependents as advised by VFS and [u]it is rejected[/u] (since they resided out of uk for >2 years)

Home office has rejected saying AS IS "you have been away from the UK for more than 2 years. I am therefore not satisfied that paragraph 19 applies. I therefore refuse your application under paragraph 18 of HC395 as amended"

Please guide me the options I have now. I don't want to go for appeal as that will take 6 -9 months to resolve. I am desperate to bring my family back ASAP as my children studies are getting affected.

If I have to submit a new application, to which category of Visa do I need to go with ? Can i bring them on dependent category. I know we loose a lot of benefits being rejected on Ret resident category. Please advice me with the best option that can be worked out...

Appreciate your expert advice to get out of this difficult situation please....
Thanks,
Bucchi.

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