Returning resident help needed

[Kakaman]

Hi fellow members and admins.

Asking on behalf of someone, my mum lived in UK from 1978 to 1983 and had an ILR in the UK and 2 babies born here who are British by birth. She left UK in 1984 due to her husband's family pressure that they need to go back.

She never came back to the UK, recently her kids saw the returning resident visa category and thought she can apply for it. She is 68 and would like to live with her children.

What are her chances of getting the visa based on the above situation as she only has an old passport with ILR sticker on it. Her 3 children are british and one is not.

The only ties she has are the family ties as she doesnt have any property or income in the UK etc.

Waiting for your response as it can literally help someone

[Kakaman]

Can any admin reply to request please?

[Ticktack]

Can any admin reply to request please?

It's not exactly an on demand service! Folks don't get paid to reply to your queries. You get a reply when someone has something to say, not when you want it.

Technically, if she had ILR and still has the sticker, after being away from the UK for 2 years or more, ILR has been lost.

However, she can try and apply for a returning resident.

Documents you’ll need
You’ll need to provide:

a current passport or other valid travel identification
previous passports
a passport-sized colour photograph
documents that prove you have ties to the UK, for example proof you’ve earned income, or rented or owned property, in the UK
You may need to provide additional documents depending on your circumstances.

FYI, no one here can tell you if she'd get it. You just have to try and see how it goes.

[Kakaman]

Sorry ticktack,

I'll be mindful next time. Thanks for replying and I really appreciate it.

So regarding the strong family ties she doesn't have any documents to prove. Also based on she was away for 40 years is it worth applying.

I saw somewhere that if you had ILR before 1988 the 2 year revoke doesn't apply to it which I think they have changed recently.

Thanks again

[Ticktack]

Sorry ticktack,

I'll be mindful next time. Thanks for replying and I really appreciate it.

So regarding the strong family ties she doesn't have any documents to prove. Also based on she was away for 40 years is it worth applying.Truth be said, nothing ventured nothing gained. If she doesn't try, she doesn't know if she would get it or not. It's a difficult one don't get me wrong. But what does she have to lose.

I saw somewhere that if you had ILR before 1988 the 2 year revoke doesn't apply to it which I think they have changed recently.

Thanks again

She just has to throw everything at it. Kids in the UK. Grand kids. Everything, even the Spam sink.

[Kakaman]

Thanks mate,

Let's say If she doesn't get it does that mean she can't get the visitor visa in the future as well.

[Ticktack]

Thanks mate,

Let's say If she doesn't get it does that mean she can't get the visitor visa in the future as well.

If she doesn't get it, then she can always apply for a visitors visa. But if she gets a visitors visa, then I'm not sure she can get ILR reinstated again.

It's almost like you open that door and you can't close it. So that always has to be the last option.

[Kakaman]

Thanks there is a ray of hope.

One last thing I read this on this forum

Is the 1988 ILR rule still valid because that definitely fits her case

general-uk-immigration-forum/returning- ... 86625.html

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

[Kakaman]

Sorry duplicate post

[contorted_svy]

Thanks there is a ray of hope.

One last thing I read this on this forum

Is the 1988 ILR rule still valid because that definitely fits her case

general-uk-immigration-forum/returning- ... 86625.html

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

The part in bold suggests to me that your mum would have lost her ILR as she was absent for more than 2 years after 1988. Unless I misunderstood.

[AmazonianX]

Thanks there is a ray of hope.

One last thing I read this on this forum

Is the 1988 ILR rule still valid because that definitely fits her case

general-uk-immigration-forum/returning- ... 86625.html

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

The part in bold suggests to me that your mum would have lost her ILR as she was absent for more than 2 years after 1988. Unless I misunderstood.

Read and clearly reached same conclusion as yours

[Kakaman]

Oh makes sense. Thanks