ILR Child back to UK

neo · Post by **neo** » Tue Oct 01, 2013 11:55 pm

Hope someone can help with my friend who currently lives abroad. He used to work in UK and obtained British Citizenship before the whole family going abroad 4 years ago. His son is 15 years old and was on ILR when in UK. Now he want to send son to a boarding school in UK without parents' accompany. Should his son apply certain kind of Visa to enter UK or the ILR is still valid?
His son hasn't entered UK for 4 years. If for an adult this means ILR maybe invalid however is it same case for a child whose father is a BC, which obviously is a UK tie. My friend didn't register his son BC when he obtained BC because he wanted to leave his son to decide nationality after 18.

Post by **vinny** » Wed Oct 02, 2013 12:26 am

Where was the son born?

Unfortunately, his son is also subject to the returning residents provisions. Being absent from the UK for over two years may mean that his ILR is void.

What is the other parent's status?

neo · Post by **neo** » Wed Oct 02, 2013 9:16 pm

Thanks Vinny for your reply. His son was born abroad before they got ILR, however the other parent's (Mum) status is BC as well. There is possibility his mum could come to UK when his son is apply school. Can she bring son in without applying other visa?(thinking there is UK tie proved) or any suggestion on the situation? They want to get son in UK first before applying school because the visa requirement will narrow the choice of schools.Many thanks!

BTW they have another younger kid born in UK after ILR so automatically BC.

Post by **vinny** » Wed Oct 02, 2013 9:53 pm

He may try applying for either a Returning Resident or child settlement entry clearance.

Not certain how they will react if he just went without any entry clearance after an absence of over two years.

neo · Post by **neo** » Thu Oct 03, 2013 12:24 am

Thanks Vinny for prompt response. Sadly looks like his son would not be granted entry clearance without both BC parents settling in UK.

Post by **Amber** » Thu Oct 03, 2013 12:33 am

The parents should consider returning to the UK to settle to at least give the child a chance to become British. To do otherwise seems unfair.

neo · Post by **neo** » Thu Oct 03, 2013 9:33 pm

Many thanks D4109125, they may have to consider changing plan in order to provide son UK education.

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ILR Child back to UK

ILR Child back to UK