Immigrationboards.com

Hello
I have a UK ILR but it is lapsed as I have moved to France with my wife and children, 2 and half years ago. My wife and children are British. I am Pakistani. Now, we will be going back to UK to get our children enrolled in school there as we do not like the education here in France. My wife will still be coming back to France due to her job. My question is specifically about the situation at UK border when we reach there. Will they deport me? If yes, to which country as I have a Pakistani passport and my French residence got rejected. So right now I really don't have a legal status apart from being a national of Pakistan. As I have British family , will this help me. If they send me back to France, will they accept me as I don't have French residency (I entered France before Brexit when we argued with French immigration officer that as my wife was British I was able to stay with her. They just stamped my passport then and since then we were living together in France. But with Brexit, that channel cannot be used?)
Please can someone advice.

Travel to the UK is not advised. Paragraph 18 & 19 of the rules say:

18. A person may resume their residence in the UK provided the Immigration Officer is satisfied that the person concerned:
(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii) has not been away from the United Kingdom for more than 2 years; and
(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
(iv) now seeks admission for the purpose of settlement.
18A. Those who qualify to resume their residence in accordance with paragraph 18 do not need a visa to enter the UK.
19. 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.

You should apply for a returning resident visa: https://www.gov.uk/returning-resident-visa
See also this post: Returning residents

I understand that the visa is needed. I was more interested in finding out what happens when we land in the UK. As I am sure French authorities won't stop me due to me being in possession of ILR card, does anyone have experience of landing in UK and finding themselves in this lapsed ILR situation? As my children and the whole family travelling with me are all British passport holders, will that stop them deporting me? And where will the deport me any ways as I do not have French papers, so if deported back to France, French immigration won't accept me and bounce me back to the UK? And cycle continues? Or will UK try and deport me my native country of which I have the passport? What happens to my children, can I insist they travel me or will they be forced to enter the UK? Who bears the cost of my deportation and is it imidiate or takes ages?
I will really appreciate any help answering these many questions I have.

They may refuse entry or
They may admit you as a visitor (this may prevent you from requalifying as a returning resident), if you are a non-visa National or
They may (mistakenly) admit you as a returning resident, but then they may later treat you as an illegal entrant and refuse a NTL or citizenship application or
.... ?

Why don’t you apply for a returning resident visa in France?
Why didn’t you apply for a resident permit in France?
Was your wife exercising treaty rights in France?

Khan658 wrote: ↑

Thu Feb 25, 2021 7:32 pm

I understand that the visa is needed. I was more interested in finding out what happens when we land in the UK. As I am sure French authorities won't stop me due to me being in possession of ILR card, does anyone have experience of landing in UK and finding themselves in this lapsed ILR situation? As my children and the whole family travelling with me are all British passport holders, will that stop them deporting me? And where will the deport me any ways as I do not have French papers, so if deported back to France, French immigration won't accept me and bounce me back to the UK? And cycle continues? Or will UK try and deport me my native country of which I have the passport? What happens to my children, can I insist they travel me or will they be forced to enter the UK? Who bears the cost of my deportation and is it imidiate or takes ages?
I will really appreciate any help answering these many questions I have.

You are strongly advised NOT to travel to the UK. That is quite risky and unpredictable and can affect your future application as Vinny pointed out. Just follow the steps outlined to you and then come back without any issues

In response to Vinny, yes my wife is exercising her treaty rights. She has a business in France. She has French residency documents as well as my children. I applied for it as well but got declined. Now I do not have French residency neither UK ILR as it is lapsed. So if UK tries to send me back, where will they send me, France clearly won't take me back. This part is what I am worried most about, being deported back to Pakistan, due to having Pakistan passport. We are flying soon so not going to apply for visa as no time. I guess all will depend on immigration officer at Heathrow.

Khan658 wrote: ↑

Fri Feb 26, 2021 6:12 pm

In response to Vinny, yes my wife is exercising her treaty rights. She has a business in France. She has French residency documents as well as my children. I applied for it as well but got declined. Now I do not have French residency neither UK ILR as it is lapsed. So if UK tries to send me back, where will they send me, France clearly won't take me back. This part is what I am worried most about, being deported back to Pakistan, due to having Pakistan passport. We are flying soon so not going to apply for visa as no time. I guess all will depend on immigration officer at Heathrow.

You could potentailly be returned to France and subsequently, again deported back to Pakistan from there. You will be in unknown territory.
You must ensure to stress at the UK border that you have strong ties to the UK and want to be admitted as a returning resident. Wish you luck as you really need it

How did it go now? Had you ever gone back to the UK just for a short visit in the last 2.5 years when you were living in France?