Return to UK after ILR lapse, but child has UK passport

[jwillaims83]

Hello

Disclaimer: This is not my situation, but for someone that I know, please let me know if they should create their own account and ask the same question.

A family has following situation:
- Wife has ILR for less than 1 year
- Husband is on PBS Dependent valid for 2.5 years.
- Son has UK passport (born in UK after wife got ILR)
- Family has home in UK on mortgage but selling as part of move.
- Wife has applied for Child Benefit but instead of getting weekly payment, she is getting NI credits (for state pension).

The family has to move out of UK and are selling their home. They have no plans to return in the next 3 years, which means the ILR will lapse for the wife and so will the PBS Dependent Visa for the husband.

- What will happen if after 3-5 years (or later), they have to return back to the UK?
- Can the wife get returning resident Visa?
- Can the wife and husband get "family of a British Citizen" Visa?
- Would it help their immigration situation if instead of selling their house, they were to rent it out?
- (Possibly not related to this forum) Will the wife keep building qualifying years (whilst outside UK) for the purpose of state pension because of NI credits coming from Child Benefit?

Thanks.

[jwillaims83]

Hello

Can you please advise us on this situation. I will be very grateful for the insights.

Thanks!

[secret.simon]

- What will happen if after 3-5 years (or later), they have to return back to the UK?

Likely start from scratch.

- Can the wife get returning resident Visa?

Returning residents guidance

If you’ve been away for more than 2 years
You must provide enough evidence to show:
your strong ties to the UK
your current circumstances and why you’ve lived outside the UK

What strong ties to the UK can they adduce to?

- Can the wife and husband get "family of a British Citizen" Visa?

Not necessarily, especially as the child will also be abroad with the parents. If allowed, it will be under the 10 year path to ILR.

- Would it help their immigration situation if instead of selling their house, they were to rent it out?

Could help with strong ties to the UK, but just an owned house will not be enough.

I suggest that the wife stay behind and qualify for and acquire British citizenship herself. That would considerably simplify the procedure.