Can I apply for returning resident?

[LoveUK]

Please be patient in reading my story. I really need advice on this.

I used have PR. I lost my PR status as I was away from UK for 2 years 5 months now. I understand from this forum that it is very unlikely to get the application approved for re-entry as a returning resident unless I can provide a valid reason with proper proofs for being away. Though I have following genuine reasons for being away, I can not really provide any proofs for the same.

1. The contract I was working got finished and I was unable to find another job after that.

2. I had leave the country very soon before actually trying for more opportunities because my wife was 6 months pregnant and airways would not allow her to travel after 7th month. Also I was not in a position to support the family with out a job.

I am now in a position to move back to UK as I have upgraded my skills, got few certifications and see good opportunity of getting job. Also I am in a position to support myself

Request the senior members of the forum to suggest me if it is still worth applying for the re-entry as a returning resident? If so, what proofs I might have to produce in above case. I can gather few emails and provide references but no official letters. Even if there is a little possibility I would like to apply for this.

Thanks in advance.

[LoveUK]

Can some one please reply to this?

[Dawie]

Unless you have some ties to the UK such as property that you own or immediate family that live here you are unlikely to get your indefinite leave to remain back.

I have to admit I find it strange that you LEFT the UK to look for work when half the world is trying to get INTO the UK to look for work. On reflection perhaps a mistake...

[LoveUK]

Thank You for your comments. Does it negatively affect if I apply for HSMP in these conditions?

[LoveUK]

Can some one please reply to my question. Though it is a long shot, this is my plan. Work on HSMP and gather assets such as home during the period and apply for re-entry as a returning resident. Is this possible? or when I apply for HSMP, will I loose my eligibility to apply for re-entry?

[John]

LoveUK, I think it would be useful if you read guidance notes INF8 ..... click here.

From that guidance you will see :-

As a guide, you should include evidence that you used to live in the UK, for example a previous passport, National Insurance or income tax records, letters from employers or payslips.

I would say, based upon what you post, it is certainly worth applying to be treated as a returning resident. Certainly that should be your first application, before considering alternatives such as HSMP.

[LoveUK]

Thank You John. I will apply. I should not be regretting in future for not applying.

Does my wife need to apply seperately using a seperate VAF1 form as she also had ILR along with me? Also she did not have any specific reason to be away from UK besides just following my case. She is a house wife. What document proofs she could provide?

[LoveUK]

Can some one reply to my questions. I really want to close this long pending issue and like to have a fresh start.

[John]

I did see your question yesterday but was hoping someone else would post. However thinking about it, given that there is no place on the VAF1 to enter a dependant's details, so that the dependant also gets a visa, yes your wife will also need to apply on form VAF1 to be treated as a returning resident.

And yes also, she was obviously only abroad for that length of time because she wanted to be with you.

Any children also with ILR who need to apply as well?

[LoveUK]

Thanks John. Yes I have a kid born in India. I believe I can not do anything to get him a visa unless we both have a visa. Please let me know if there is any other alternative? I plan to apply VAF2 form once we get entry clearance. Appreciate your thoughts on this

Also what would be the fees for VAF1 application?

[John]

The fee payable when filing a form VAF1 depends upon the type of application being made .. visitor visa, student visa, or in your case as a returning resident. The fee for filing a returning resident application is £200, or rather the locally defined equivalent of that sterling amount. And that amount per application form, so for you, 2 x £200 = £400.

The child? I agree with you, you need to be successful with the returning resident application first, and then apply on form VAF2 for a child settlement visa, the filing fee for which is now £500, or again the local currency equivalent of that amount.

Contact your British Mission to find out the amounts payable in local currency.

[sayerle]

From what I read, you need to apply for Settlement NOT Returning Resident.

I am British & have lived in the USA with my Japanese wife & 2 children (who are British citizens) for 9 years. We previously lived in the UK & my wife had ILR status in the UK but ungortunately was out of the UK for greater than 2 years. We are relocating back to the UK in June & so I applied for a Returning Resident visa for her in NYC but was refused since they stated she had been out of the UK for greater than 2 yrs. On the advise of an immigration professional we now have to apply for Settlement as a spouse visa.

So if they refused my wife as a Returning Resident even though she previously had ILR status, is married to a British Citizen who has secured a good job in the UK & has two kids with British passports, then I see little hope for you to get Returning Residency status. If you been out for greater than 2 years, then that's it. Of course, different Consular Offices may be less strict but I sense you should apply for a Settlement visa. The problem now is that you have no job or family members in the UK. At least you may need to secure a job first (difficult without the visa!), so it may be a chicken & egg situation. I am by no means an expert on this and welcome other comments....

Lee

[Wanderer]

From what I read, you need to apply for Settlement NOT Returning Resident.

I am British & have lived in the USA with my Japanese wife & 2 children (who are British citizens) for 9 years. We previously lived in the UK & my wife had ILR status in the UK but ungortunately was out of the UK for greater than 2 years. We are relocating back to the UK in June & so I applied for a Returning Resident visa for her in NYC but was refused since they stated she had been out of the UK for greater than 2 yrs. On the advise of an immigration professional we now have to apply for Settlement as a spouse visa.

So if they refused my wife as a Returning Resident even though she previously had ILR status, is married to a British Citizen who has secured a good job in the UK & has two kids with British passports, then I see little hope for you to get Returning Residency status. If you been out for greater than 2 years, then that's it. Of course, different Consular Offices may be less strict but I sense you should apply for a Settlement visa. The problem now is that you have no job or family members in the UK. At least you may need to secure a job first (difficult without the visa!), so it may be a chicken & egg situation. I am by no means an expert on this and welcome other comments....

Lee

You do realise this thread is three years old.....?