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According to this, your stepson has lost his ILR status, as he spent nearly four years outside the UK. He must apply as a returning resident.A person who has been absent from the UK for more than 2 consecutive years, will
automatically lose their indefinite leave as a matter of law. This is set out in
paragraph 20 of the Immigration Rules and in Article 13 of the Immigration (Leave to
Enter and Remain) Order 2000 (LTERO).
The exception to this was Commonwealth citizens settled in the UK when the 1971
Immigration Act came into force on 1 January 1973. Under section 1(5), they were
protected from losing their indefinite leave from absences outside the UK until 1
August 1988 when section 1(5) was repealed. After this date, any indefinite leave
would be lost following an absence of 2 years or more.
A person who has been absent for more than 2 years must apply for entry clearance
as a returning resident and will be assessed by Entry Clearance Officers under
paragraph 19 of the Rules.
I think his your case, giving the fact your husband has legal his custody and his family is settled, he can demonstrate he has strong ties to the UK.A person who does not benefit from the preceding paragraph by reason only of having been absent from the United Kingdom for more than two consecutive years, must have applied for, and been granted indefinite leave to enter by way of entry clearance if, he can demonstrate he has strong ties to the United Kingdom and intends to make the United Kingdom his permanent home.