Returning Resident VISA for 13 yo daughter

[beldish]

I need advice regarding visa for my 13 yo daughter.

I hold British Citizenship via naturalization from 27th January 2005.
My wife has ILR from 23 June 2006.
My elder daughter born 16 December 2004 had ILR from 23 June 2006 but stayed out of the UK for most of the time since 2007.
Have a second daughter born in 2007 and she is British by descent.

Since the birth of the second daughter, my wife and girls live overseas. Wife does come over to visit me at least once a year and keeps her ILR valid. The elder daughter has been over here twice with a visitor visa.

Having worked all the time as a contractor, I recently received a permanent position and now would like my family to join me here. My elder daughter is only one who needs a visa to come over here.

What are her chances of receiving a visa as a Returned Resident?

Any advice would be very appreciated.

Kind regards
Michael

[vinny]

Unfortunately, if the elder daughter returned as a visitor twice, then she has ceased to become a returning resident.

Since the birth of the second daughter, my wife and girls live overseas.

If they don’t give your wife problems with her ILR status, then elder daughter may apply for child settlement visa.

If your wife has problems with her ILR status, then both mother and daughter may apply for settlement visas.

[beldish]

Thank you vinny very much for the reply, but I am a bit confused here.

On the web page
third party Web link removed by moderator

Under

Requirements for entry as a Returning Resident: absent from the UK for more than 2 years

Intervening visits to the UK may assist; however, they may also undermine an application for a returning resident visa depending upon the timing and circumstances of the visits.

This makes me wonder if the two trips to visit father may be considered a proof of family ties and assist in the case.

Thanks again.

[vinny]

On the web page
http://www.immigrationbarrister.co.uk/returning-residents.html

Under

Requirements for entry as a Returning Resident: absent from the UK for more than 2 years

There was more:

Had indefinite leave to remain in the UK when you last left the UK; and

The elder daughter has been over here twice with a visitor visa.

Unfortunately, being granted a visitor visa effectively cancels her returning resident status. Leave as a visitor is limited leave.

19 may help when only 18(ii) fails. But 18(i) also fails, as she twice had leave as a visitor. She did not have infinite leave when she last left the UK.

[beldish]

Thank you very much.