Resident return Visa (confused)

[CHILDSY1976]

Hi, I lived in the UK from 1999 and was granted ILR through marriage in 2002, I resided in the uk until December 2012 when i was requested to return to Aus to care for my Mother. Her condition was Mental and physical through her husband being convicted of child related offences to my neice. That put my sister out of the picture to care for her. My wife and children (british citizens) alternated between Aus and Uk whilst i was caring for my mother. Now that my mother has been permanently assigned care we can return to where i call home. I have applied for a resident return visa, but after reading some boards while awaiting my visa i have become increasingly concerned at the reported refusal rate. On reading the conditions to apply i felt it was a straight forward renewal, Had ILR before i left for more then 10years, had exeptional circumstances (not my fault) of why away, have strong family ties to UK. Has anyone gone through similar situation with Wife and Children? They returned last week expecting me in a couple of weeks as it was only a renewal. Now im getting worried.

[vinny]

All you can do is wait an see.

[CHILDSY1976]

Yeah im guessing thats the only thing, i have just read there is now a Long residence ave for another ILR, but reading that it appears the only way to apply is within the UK...One hurdle at a time

[marcnath]

Hi, I lived in the UK from 1999 and was granted ILR through marriage in 2002, I resided in the uk until December 2012 when i was requested to return to Aus to care for my Mother. Her condition was Mental and physical through her husband being convicted of child related offences to my neice. That put my sister out of the picture to care for her. My wife and children (british citizens) alternated between Aus and Uk whilst i was caring for my mother. Now that my mother has been permanently assigned care we can return to where i call home. I have applied for a resident return visa, but after reading some boards while awaiting my visa i have become increasingly concerned at the reported refusal rate. On reading the conditions to apply i felt it was a straight forward renewal, Had ILR before i left for more then 10years, had exeptional circumstances (not my fault) of why away, have strong family ties to UK. Has anyone gone through similar situation with Wife and Children? They returned last week expecting me in a couple of weeks as it was only a renewal. Now im getting worried.

I would think you don't have too much to worry about - but you never know. Good luck !

[CHILDSY1976]

Hi All, I have posted on here once before but cant find it, I applied for a returning resident visa after 5 years absence, i believe i had exceptional circumstances for the absence that were not my fault. My wife and children (uk citizens) alternated between UK and Australia over the 5 years. Keeping all our belongings in the uk and schooling for the children. I received the refusal last week and the main reason i was away over 2 years. I understand there is a few misunderstandings with this rule,one being if you can be away for up to 2 years without a visa, why would they create a returning resident visa if they will only refuse you for being away for more then 2 years? I immediately made an administrative appeal. I received an email back stating its a 28 day process. My question is has any one else made an appeal and did they feel like it was worth it?

[vinny]

Posts merged.

[vinny]

An Immigration Officer would have likely cancelled an ILR at the UK port under 321A, even when the absence was less than two years, if it transpired that the ILR holder was working outside the UK.

[CHILDSY1976]

Hi All,

By posting this i hope to shed some light on the mysteriously hard to get Returning resident visa.

Background

Gained ILR in 2002 through marriage, 2 British born children, 2003 & 2009, departed UK Dec 26 2012 to provide care for my mother. Her husband of 20 years was convicted of child related crimes, and her mother who was there for support lost her battle with illness and passed. My wife and children rotated between both countries whilst i attended my mentally ill mother. (short version)

18th April Submitted application for RRV vfs sydney
10th May Application refused. Based on absence of more then 2 years, Not living in the UK most of my life.
11th May Admin Review requested
18th May Admin review upheld. Not living most of life in UK and not sufficiently evidencing Ties to UK.

Let it be said that Paragraph 19 of the immigration rules uses "most of your life" in the UK as an "example"

Using the Admin Review as guidance i submitted a more thorough application, 66 pages in total. Consisting of statements from family and friends in UK documenting maintaining ties to UK, 55 dated photos from 2013 to 2018 of our family life. I submitted these as Home office guidance makes provisions for admitting returning residents based on family ties.

Resubmitted Application

23rd May Submitted Application via VFS Sydney
19th June refused entry clearance Refused for not satisfying paragraph 18 of the immigration rules. This come as a shock to me as a returning resident visa is for applicants who don't meet 18, but paragraph 19 makes provisions for applicants seeking entry outside of the rules. Perplexed i consultanted some immigration lawyers and chose xxx xxxxxx lawyers of London to handle my Admin review.

15th July Admin Review Submitted
21st August (37 calendar days, home office state 28 calendar days as usual decision time) received notification that refusal was overturned and they are ready to issue my visa.

Admin review focused on the lack of consideration as evident in refusal notice to paragraph 19

These past months have given me the chance to research and be aware of the rules and interpretation of this visa. I am not sure how these forums work, but if i am able to share some experience using my Laywers documents I would be more then happy to help other families reunite.

[vinny]

Posts merged.

[vinny]

Well done! Successful perseverance!

[marcnath]

Congratulations !!

It should not have been so difficult but unfortunately it sometimes is. But good job keeping at it.

Please do not mention specific law firms or advisers.

But other than that, keep a look out and help others with your experience and knowledge gained by responding to suitable queries from others.