Urgent advice about family visa

Hello everyone,

First a short story:
When I was on LLR visa (5-year refugee) in 2010, I married to an Indian girl who was the US green card holder. After a long process, I managed to get 2.5-year Discretionary Visa for her. Before I get my ILR, my daughter was born in America in July 2012 and she then entered to the UK by her US Passport in October 2012.

I applied ILR visa in 2013 for myself, my wife and my daughter but the HO refused my wife's application and gave her another 2.5-year Discretionary Visa but me and my daughter got ILR and in 2014, I got my British passport but didn't apply for my daughter at that time!

We moved to the US in 2015 and never came back to the UK since then. Now, we are willing to come back to the UK but really don't know from what point should I start to get my wife and daughter's visas sorted! My wife's visa already expired in 2015!

My questions are as follows:
1. Since my daughter's BRP (Settlement) is valid until 2023, can she enter to the UK? Because I heard that settlement will automatically expire if the holder doesn't enter within 2 years.

2. Can I apply "form MN1" for my daughter and get her British passport or she is not eligible?

3. Can I renew my wife's Discretionary visa from the US without any restrictions or should I submit a new application?

4. If the answer to the Q2 is "new application" does it mean that I have to come to the UK first, work for couple of month, show the HO my income and etc?

Thanks.

imaner wrote: ↑

Tue Feb 12, 2019 12:25 am

1. Since my daughter's BRP (Settlement) is valid until 2023, can she enter to the UK? Because I heard that settlement will automatically expire if the holder doesn't enter within 2 years.

Correct. Her ILR will have lapsed. Go through the Returning Residents guidance to see how her Returning Residents application (or her arrival at the Immigration Counter) would be assessed.

If her Returning Resident application is rejected, as a child born outside the UK, she will need to apply for a visa in-line with that of the less-privileged parent (your wife).

imaner wrote: ↑

Tue Feb 12, 2019 12:25 am

2. Can I apply "form MN1" for my daughter and get her British passport or she is not eligible?

Children born abroad are expected to have ILR themselves (which would be evaluated as per the Returning Residents guidance) AND have at least one British parent, with the other parent on ILR. As your wife is not yet on ILR, an MN1 application is likely to fail. See from Page 27 of the Registration as a British citizen: children guidance.

I do not have knowledge of the Discretionary leave process so I will leave it to others to respond. However, as her leave has lapsed and you have now become a British citizen, it is likely that your wife will have to apply for the usual "spouse of a settled person" visa (with the £18600 salary requirement - that may increase if your child has lost their ILR status, language status, etc). That would of course mean that her ILR clock is reset to zero and she will need to spend a further five years in the UK in that status to acquire ILR.

secret.simon wrote: ↑

Tue Feb 12, 2019 7:49 am

imaner wrote: ↑

Tue Feb 12, 2019 12:25 am

1. Since my daughter's BRP (Settlement) is valid until 2023, can she enter to the UK? Because I heard that settlement will automatically expire if the holder doesn't enter within 2 years.

Correct. Her ILR will have lapsed. Go through the Returning Residents guidance to see how her Returning Residents application (or her arrival at the Immigration Counter) would be assessed.

If her Returning Resident application is rejected, as a child born outside the UK, she will need to apply for a visa in-line with that of the less-privileged parent (your wife).

imaner wrote: ↑

Tue Feb 12, 2019 12:25 am

2. Can I apply "form MN1" for my daughter and get her British passport or she is not eligible?

Children born abroad are expected to have ILR themselves (which would be evaluated as per the Returning Residents guidance) AND have at least one British parent, with the other parent on ILR. As your wife is not yet on ILR, an MN1 application is likely to fail. See from Page 27 of the Registration as a British citizen: children guidance.

I do not have knowledge of the Discretionary leave process so I will leave it to others to respond. However, as her leave has lapsed and you have now become a British citizen, it is likely that your wife will have to apply for the usual "spouse of a settled person" visa (with the £18600 salary requirement - that may increase if your child has lost their ILR status, language status, etc). That would of course mean that her ILR clock is reset to zero and she will need to spend a further five years in the UK in that status to acquire ILR.

Many thanks