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Returning Resident Visa for wife and minor daughter

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shiv_ind15
Newly Registered
Posts: 1
Joined: Sat Aug 07, 2021 6:48 pm
India

Returning Resident Visa for wife and minor daughter

Post by shiv_ind15 » Sat Aug 07, 2021 7:23 pm

Hi there,
This is a great forum and has been helping lot of people to get proper direction.

I am a British Citizen and have returned (in Aug' 2021) to UK after getting internal transfer from my company. I was in India for almost 3-4 years. My 6 years old son also holds British passport but my wife and daughter (age 13) holds Indian passport but have ILR. They lived in London for almost 10 years. Wife and daughter (and of course my son) are living in India since Aug 2016 (for almost 5 years) and therefore I suppose they must apply for RRV to be able to join and live with me in UK.

1) What are the chances of getting RRV for my wife and daughter please ?
2) Any specific documents need to be submitted with application to make their case strong please?
3) Once they arrive and live with me in UK, when can they apply for citizenship please ?

Thanks again for quick help.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Returning Resident Visa for wife and minor daughter

Post by manci » Sun Aug 08, 2021 4:08 pm

1
has your wife been back to the UK since 2016 at all?
2
was your daughter born in the UK or abroad?

As you know ILR lapses after 2 years absence from the UK.

In order to be granted a RR visa strong ties to the UK would have to be demonstrated and also the intention to make the United Kingdom the applicant's permanent home. However, human rights are also a consideration.

I don't think it is possible to express an opinion without detailed knowledge of your and your family's circumstances but it is unlikely to be a straightforward case and it may be prudent to seek professional advice..

You may wish to read this case:
https://www.bailii.org/uk/cases/UKUT/IAC/2018/90.html

The alternative to the RR visa would be a spouse visa for your wife.
Personal opinion, not professional or legal advice

secret.simon
Moderator
Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: Returning Resident Visa for wife and minor daughter

Post by secret.simon » Sat Aug 14, 2021 2:50 am

shiv_ind15 wrote:
Sat Aug 07, 2021 7:23 pm
3) Once they arrive and live with me in UK, when can they apply for citizenship please ?
Assuming that your wife and daughter get a Returning Resident visa (by no means a certainty), the earliest that your daughter can register as a British citizen is after two years of residence in the UK.
The earliest your wife can naturalise as a British citizen is three years after residing in the UK, as she needs to have been physically present in the UK exactly three years before the date of application for naturalisation.
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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