Spouse visa or any other option

[Babajee85]

Hi folks,

I have got BP (2 years ago).

My wife was here too in the UK with three years PBS Dependent Extension Visa & Daughter with ILR.
My Wife & Daughter joined me initially on 9th June 2012.My daughter got ILR while i applied for it and wife got the three years PBS dependent extension.

Me and my daughter applied for ILR on 15th December 2012.

My wife 3 years visa extension was valid till December 2015 and daughter ILR was valid until December-2017.

They left the UK in Feb 2014 and still living back home.So my wife visa and daughter ILR are both expired as per the dates mentioned above.

I want to bring over my family again in the UK and wondering do i need to apply for a spouse visa for my wife and dependent visa for my daughter (7 years old).

or

is there any other category too.

Please confirm.

Thanks

[seagul]

You should state clearly that what's your immigration status now (ILR/British citizenship) and what was your previous immigration status so that someone answers your query.

[vinny]

Both wife and child may apply under Appendix FM, FM-SE.

Include evidence of subsisting marriage.

[Babajee85]

You should state clearly that what's your immigration status now (ILR/British citizenship) and what was your previous immigration status so that someone answers your query.

Current Status is British....Previous was Tier 1 General (PBS) then ILR and now BC

[Babajee85]

Both wife and child may apply under Appendix FM, FM-SE.

Include evidence of subsisting marriage.

Hi Vinny,

Thanks for your reply.
Yes the relationship is subsisting... what is FM-SE ?
So you are saying i should just apply for 2.5 years spouse visa and daughter depend visa , right ?

[seagul]

You should state clearly that what's your immigration status now (ILR/British citizenship) and what was your previous immigration status so that someone answers your query.

Current Status is British....Previous was Tier 1 General (PBS) then ILR and now BC

Vinny has already answered you. Click on his/her/its given links.

[Babajee85]

You should state clearly that what's your immigration status now (ILR/British citizenship) and what was your previous immigration status so that someone answers your query.

Current Status is British....Previous was Tier 1 General (PBS) then ILR and now BC

Vinny has already answered you. Click on his/her/its given links.

Hi,

I just read in the FAQ for citizenship that

Q2: My child has been away from the UK. Can he apply for Registration?

There are no residential requirements for application under section 1(3) (child born in the UK before parent was granted ILR/PR).

If application under section 3(1) (children born abroad) - There are no residential requirements for children under 13 years old. Children 13-16 years old are expected to have lived in the UK for 2 years before applying. Children who moved to the UK aged 16 or more are likely to get refused and should apply as adults once they meet the Naturalisation requirements.

So my question is ,will my daughter get the renewal of ILR which she was having before and now expired ?
or she will go for the 2.5 years dependent visa ..I am confused now .

Please help

Thanks

[vinny]

There is a possibility that daughter may apply for a returning resident visa, if you can convince them that the exception to the two year rules applies.

[Babajee85]

There is a possibility that daughter may apply for a returning resident visa, if you can convince them that the exception to the two year rules applies.

Thanks Vinny for your reply.

When you say if exception to the two years rule applies (Do you mean by that to justify UKBA why did she stay for more than 2 years with ILR outside of the country. ) am i right ?

By the way what are the acceptable exceptions according to this rule.

Please advise

[vinny]

For example:

Other more specific circumstances which would support an application are:
...
a prolonged period of study abroad by a person who wishes to rejoin the family in UK on completion of studies

[Babajee85]

For example:

Other more specific circumstances which would support an application are:
...
a prolonged period of study abroad by a person who wishes to rejoin the family in UK on completion of studies

Thanks Vinny for clarification.

I just noted , My daughter (who is 8 Years old) ILR Residence Permit Card is expired in December 2017....So what should i do in this scenario...She would not be able to travel
In the bio-metric card it say Type of Permit "Settlement" and Remarks "Indefinite Leave to Remain"

please advise what options do i have now ?

Thx

[Babajee85]

For example:

Other more specific circumstances which would support an application are:
...
a prolonged period of study abroad by a person who wishes to rejoin the family in UK on completion of studies

Thanks Vinny for clarification.

I just noted , My daughter (who is 8 Years old) ILR Residence Permit Card is expired in December 2017....So what should i do in this scenario...She would not be able to travel
In the bio-metric card it say Type of Permit "Settlement" and Remarks "Indefinite Leave to Remain"

please advise what options do i have now ?

Thx

Hi guys,

can you please help me if my daughter can still enter as returning resident with expired BRP card. ?

Thanks

[vinny]

The airline may refuse her to board with an expired BRP.

However, if she makes it to an Immigration Officer, then she would have to convince him/her to admit her as a returning resident under paragraph 19.