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Returning Resident Visa - URGENT PLS

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uniquet
Newly Registered
Posts: 5
Joined: Sun Aug 11, 2019 10:41 am
Jamaica

Returning Resident Visa - URGENT PLS

Post by uniquet » Sun Aug 11, 2019 11:46 am

My stepson and husband was granted ILR in Nov 2010. Stepson returned to Jamaica 2015 to live with is mother though his father is his legal guardian by the courts. His mother has abandoned him, and he is now living with my husband grandparents. Due to their age and health issues, we need to bring him back to UK. His BPR has expired 2018. He is 11 years old. How do we bring him back to the UK I mean what would be the process to bring him back including forms etc. We will be travelling shortly to Jamaica

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Jaune08
Member
Posts: 194
Joined: Thu Jul 11, 2019 6:50 pm
Mexico

Re: Returning Resident Visa - URGENT PLS

Post by Jaune08 » Sun Aug 11, 2019 6:28 pm

Hey, I posted this on a different thread but has the same question as yours:

I suggest you to read the Returning Residents Guideline from Home Office. On page 5, section "More than 2 year's absence" it states:
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August 1988 when section 1(5) was repealed.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.
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.

Further, if you read section Returning Residents, paragraph 19A of Immigration Rules, it states:
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.
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.

I recommend you those links I provide you, as you can find the forms and everything you need.

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