Returning Resident and Spouse VISA

[kinami]

Hi

I'm wondering if I can apply for a return resident visa since I was resident in the UK for 4 years, I gave birth to 2 kids in the UK and was on ILR then changed to DLR.
I have been outside the UK for 8 years in another country but not my home country

My current partner lives in the UK and visits me for a week a month for the past 6 months.
we would like to marry in the future ( not sure when)
am I eligible to apply for a return resident visa?


thanks

[CR001]

What do you mean you had ILR and the changed it to DLR??

ILR = Indefinite Leave to Remain ie Permanent Residence

DLR = discretionary leave to remain which used to be a 3 year visa.

You need to apply for a partner visa or a visa based on your British children. It will be a 2.5 year visa for either visa route and you have been out of the UK for a substantial period.

A returning resident visa requires you to show strong ties IN the UK, such as established family, property, business, assets, funds etc. Simply having a boyfriend isn't enough.

[kinami]

well my ex husband lives there and he wants the kids to live there but we aren't in a relationship anymore. Obviously I don't plan to have a visa based on my partner.

I was on a spouse visa (ILR)
when we divorced I applied for DLR

[CR001]

In that case, you did not hold ILR if you held a spouse visa (not the same as ILR) and you don't qualify for the returning resident visa, which specifically applies to ILR holders returning to the UK.

Your new partner spouse/partner visa or a visa based on your British children are you only options.

If you have UK born grandparents, then an ancestry visa is also possible

[secret.simon]

I was on a spouse visa (ILR)

Spouse visa is not ILR. Spouse visa is one of the pathways to ILR, which can be applied for after completing five years of residence in the UK on a spousal (and certain other) visa and meeting further requirements.

Because you did not have ILR, you can't apply for a Returning Resident visa, which is specific to ILR holders.

You would need to apply for a visa under an appropriate category and then complete at least five years of residence in the UK under the same category before applying for ILR.

[kinami]

So what visa is applicable to me?
My British children and I arent in the UK but their father wants them to live there as Australia is too far for him to travel to see them and they are too young to be sent to the UK for visits.

I have an appointment to talk to a lawyer about my case but I want to know what I'm looking at

[secret.simon]

Was your partner a British citizen at the time of the birth of your children? Were the children born in the UK?

Was any one of your own grandparents born in the UK?

[kinami]

I have 2 children born in the uk
yes hes British born ( citizen) and my 2 kids British citizens too
no my grandparents are australian.