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Returning resident for dependants on British Citizen spouse

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Returning resident for dependants on British Citizen spouse

Post by ssm1009 » Mon Jul 05, 2021 6:02 am

Hi,

I am British Citizen and hold British passport. My wife and daugther (who was born in uk) had ILR. Because of my job transfer to India, my wife and daughter lived with me in India for last 10 years. We never visited UK. Now I am going to back to Uk because I got job in UK.

I am applying for returning resident for my wife and daughter. Will this application be straightforward considering they have expired ILR as proof, British Husband passport, Husband job appointment letter in uk and NHS certificate where my wife gave birth to my daughter.
Since both my wife and daughter fully dependant on me and never returned to UK in last 10 years, I assume that they should be granted returning resident visa based on my British citizenship.

There is no other family member in UK except me as British Citizen spouse.

Please guide me if I need to add any additional supporting documents apart from above

thanks

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Re: Returning resident for dependants on British Citizen spouse

Post by CR001 » Mon Jul 05, 2021 6:07 am

Unlikely your dependents will get a returning resident visa after such a long absence and with no ties to the UK other than you who has also been away for 10 years.

Likely your wife will need to start her immigration journey again from scratch with spouse visa.

How did you become British, by birth or naturalisation?
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Re: Returning resident for dependants on British Citizen spouse

Post by ssm1009 » Mon Jul 05, 2021 6:27 am

thanks for the response
I became British Citizen by naturalisation

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Re: Returning resident for dependants on British Citizen spouse

Post by CR001 » Mon Jul 05, 2021 6:38 am

What date was that and what date was your child born?

A uk born child didn't need ilr and could have been registered as British once either parent got ilr.

If you were British or held ilr when the child was born, the child is automatically British and could have applied for a passport directly.
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Re: Returning resident for dependants on British Citizen spouse

Post by ssm1009 » Mon Jul 05, 2021 6:54 am

Child was born when I was in UK and did not have ILR yet then? Child was born in 2007. We all (me, wife and daughter) got ILR in 2009. I got British Citizen passport in 2011. But I made mistake of not applying for my wife and daughter passport. Since 2011, we have been in India and now I am returning for job.

Since my wife and daughter are dependant on me and they had ILR, child uk birth cert should not it help?

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Re: Returning resident for dependants on British Citizen spouse

Post by CR001 » Mon Jul 05, 2021 6:58 am

You could have registered your child as British without applying for ilr. A uk born child has an entitlement to register as British once either parent is granted ilr.

You can still register the child as British from abroad if the child is under 18.

Your wife will likely need a new spouse visa and start again from scratch and the spouse visa requirements must all be met.

ILR is lost after a two year absence. To qualify for a returning resident visa, they have to prove strong ties to the UK, which they can't. A 10 year absence is substantial, especially as you and them have not returned to the UK since 2011.

Your child's birth certificate doesn't help to prove ties to the UK unfortunately.
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Re: Returning resident for dependants on British Citizen spouse

Post by ssm1009 » Mon Jul 05, 2021 7:25 am

thank you very much.
Yes, I think as you pointed out, I can still apply for UK passport for my daughter based on below. Only thing is that daughter did not live in until she is 10. Hope that should not matter. Please confirm

You were born on or after 1 January 1983
You may be eligible if either:

you’re under 18 and since your birth one of your parents became a British citizen, or got permission to stay in the UK permanently
you lived in the UK until you were 10 or older

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Re: Returning resident for dependants on British Citizen spouse

Post by CR001 » Mon Jul 05, 2021 7:45 am

You can't apply for a passport directly. You have to register her as British on form MN1 first and once you get the certificate, only then can you apply for a passport. The process can take many months

There is NO requirement that she must have lived in the UK for 10 years!!
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Re: Returning resident for dependants on British Citizen spouse

Post by ssm1009 » Mon Jul 05, 2021 8:18 am

thanks,
If process can take many months, then should I apply for dependant visa for daughter and spouse wife because they need to travel with me in couple of months. Once my daughter is in Uk, I can then initiate to register as British Citizen. Is this path ok?

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Re: Returning resident for dependants on British Citizen spouse

Post by CR001 » Mon Jul 05, 2021 8:54 am

Yes, you can do that.
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Re: Returning resident for dependants on British Citizen spouse

Post by ssm1009 » Mon Jul 05, 2021 9:10 am

thank you very much.

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Re: Returning resident for dependants on British Citizen spouse

Post by ssm1009 » Mon Jul 05, 2021 9:17 am

thank you very much.
One last question to conclude this thread.
Since I have filled returning resident visa application already and yet to pay fees yet, Can I go ahead try this option first? If unsuccessful, then I can apply spouse and child visa anyway. Do you see any issue in this approach apart from waste of time and money on my part? If returning resident is unsuccessful, then I can still apply to register daughter for British Citizen once she is in UK on dependant visa.? Please answer this. I will not then ask any more questions.

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Re: Returning resident for dependants on British Citizen spouse

Post by secret.simon » Mon Jul 05, 2021 12:41 pm

ssm1009 wrote:
Mon Jul 05, 2021 9:17 am
thank you very much.
One last question to conclude this thread.
Since I have filled returning resident visa application already and yet to pay fees yet, Can I go ahead try this option first? If unsuccessful, then I can apply spouse and child visa anyway. Do you see any issue in this approach apart from waste of time and money on my part? If returning resident is unsuccessful, then I can still apply to register daughter for British Citizen once she is in UK on dependant visa.? Please answer this. I will not then ask any more questions.
Yes, you can and should try this option first if you can afford it.

Worth reading the Returning Residents caseworker guidance to understand how Home Office caseworkers will assess the case. In particular, read from Page 10 onwards.

Keep in mind that the fact that you were resident with her in India for the past ten years weakens her family ties to the UK (as you were not resident in the UK either).

Also factor in that even if your wife does get a Returning Resident visa, she will not be able to apply for British citizenship herself until three years after returning to the UK as she will need to have been physically in the UK three years before the date of her naturalisation application.

If issued, a Returning Resident visa vignette expires at the end of the life of that passport. So you may want to check how long your wife's passport has till expiry.

As your daughter was born in the UK, your daughter can be registered as a British citizen any time, on any visa so long as the application is made before her 18th birthday.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Returning resident for dependants on British Citizen spouse

Post by ssm1009 » Mon Jul 05, 2021 1:12 pm

thank you very much.

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Re: Returning resident for dependants on British Citizen spouse

Post by ssm1009 » Mon Jul 05, 2021 5:21 pm

I went through family visa section for British citizen dependants. Since I (am British Citizen) was in India with my family for last 10 years. I have all my savings / income details from India and very minimal balance in my UK bank account. Now that to apply dependant visa on me, can I use new job offer letter as source of income in UK as well as savings from India bank accounts to show annual cash balance equivalent of minimum GBP balance required. In short, how can I show my India income as income and proof of income.

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Re: Returning resident for dependants on British Citizen spouse

Post by secret.simon » Mon Jul 05, 2021 11:08 pm

If you can demonstrate minimum savings of an equivalent of £72,000 (in any currency) held in an easily accessible bank account for at least six months, you may not need to show any earnings.
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Re: Returning resident for dependants on British Citizen spouse

Post by ssm1009 » Tue Jul 06, 2021 1:35 am

thanks. Can I show combined total balance of wife and mine in the form of cash savings, equity stocks and fixed deposits together.

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Re: Returning resident for dependants on British Citizen spouse

Post by ssm1009 » Wed Jul 07, 2021 4:57 am

I went through financial requirements for dependant partner visa. Found simple option which applicationt's partner must have job offer in next 3 months starting in uk and had overseas income from previous employer in last 12 months which meets minimum income criteria.
this refers to category B

Category B: Less than 6 months with current employer or
variable income – overseas sponsor returning to the UK

I am going with this option if returning resident does not go through as first attempt

thanks

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