Returning Resident after 13 years

Hi all!
I would like to get a feeling if my case is strong enough to get Returning Resident after my ILR officially lapsed 2017 by visiting UK as a visitor.
To give a whole picture I will give detailed situation here.
I first went to UK in 2002 to study in University. I have got a Diploma. I met my husband who is German.
We got married in 2004 and I got my ILR 2009. We had our first child on 2004 and the second child afterwards.
Since we were both young professional, we couldn't afford childcare cost and also there was a pressure from family we decided to go to Germany in order to establish our life as family. My visa was granted as a spouse of EEA citizen, not German citizen because of my ILR status in UK. Because of language barrier I couldn't work for long time so no chance to come back to UK because we didn't have sufficient money to come back. Meantime my daughter started attending a school specialised in educating a professional sport person. She was invited by some renown UK institution for a summer program but was not offered a position and also it was anyway too expensive for us. So we decided to stay in Germany until she finish her education. Then covid came, also my daughter had to leave school because of injury. As she was about to start A-level we stayed. I was working for some UK based company so that I can work in English. Now she finished and left home, I really wanna come back to UK, where I studied and be able to talk the language. Also I still need to complete course in UK, in order to be recognised for my profession. My another child has British citizenship by birth and I want him to do A-level in UK too. I can probably find a job offer in London with ease. Although we don't have any relative in UK, we still have very close friends with whom we kept close contact throughout us staying abroad. We visited also as often as we can do, except the time of Covid. We still have a bank account and my husband is still registered for his job. And most importantly, I never felt Germany as my place to settle. It was just for a necessity. We cannot go to my country, Japan, for obvious reason - apart from me, no one speak Japanese. I am desperate to go back to London with my family. But do you think this case is strong enough? I know there isn't really plan B for us... Thanks for your advice in advance.

I can’t really comment on your chances but need to point out that you had permanent residence based on being spouse of an EU citizen. With the UK having left the EU, and you not being resident in the UK on the date the UK left it would be difficult or impossible to obtain a returning visa based on a very historic EU immigration entitlement. EU law is no longer in force in the Uk.
Others may comment further.

Returning resident visa route - you can chance an application but your circumstances are not exceptional. You have not been settled in the U.K. for a considerable time and your life is not centred in the U.K.

Does your husband hold British citizenship, I only ask that as one of your children has citizenship?

Thank you both of you for sincere comments. Yes we might have been a bit naïve. We felt strong tie to UK as we studied, started family, having close friends. Somehow even after Brexit we thought we can go back anytime as I had ILR and tried to maintain UK tie by working for UK based company… Paying to national insurance voluntarily also not seen as my intention of making UK a permanent home? It’s difficult to make such „tie“ objective.
My husband doesn’t have a British citizenship. Our son has one, because at the time of his birth my husband has been living more than 5 years and has a permanent residence status (https://www.gov.uk/check-british-citize ... 06-onwards)

Getting a skilled worker visa is probably the easiest route to the U.K. particularly if you already work for a U.K. based company. See if they have a sponsor licence and would they be willing to offer a transfer to the U.K.

Hi Frontier Mole,

Frontier Mole wrote: ↑

Tue Sep 26, 2023 8:25 am

Getting a skilled worker visa is probably the easiest route to the U.K. particularly if you already work for a U.K. based company. See if they have a sponsor licence and would they be willing to offer a transfer to the U.K.

As you suggest, it may be the easiest for us to start again with a skilled worker visa. Since almost all who got Returning Resident visa awarded has a close relatives in UK, as you guys pointed out our chances are slim to null, but I'd give it a try anyway. There is little to lose, except the fee!

One more question - as I also mentioned, I believe my son is British citizen by birth; he was born 2008 and his German father had been in UK lawfully for more than 5 years with 'permanent resident status' when he was born (https://www.gov.uk/check-british-citize ... 06-onwards). Or do you guys read it differently? Should I have an assistance from lawyer for an application?

I really appreciate your input here. It is helping a lot to cool me down!

No sure whether this might help for your son to obtain a British passport - it's called "Treaty Rights Passport Application" (Treaty Rights means EU Treaty Rights EU citizens have - this is applying direct for a British passport.

See here for document requirements: https://www.gov.uk/government/publicati ... accessible
Also look at the caseworker guidance: https://www.gov.uk/government/publicati ... accessible

Quote:
"This checklist is for those applying for a British passport who:
- were born in the UK between 1 January 1983 and 30 June 2021
- have a parent who is a European Economic Area (EEA) national
- have never held a British passport
- have not been naturalised or registered as a British national
You should apply for a first British passport in the normal way, but you must provide additional supporting documents with your application. If you don’t, your application will be delayed. You can’t apply using our Fast Track or Premium service.
You must use the following tables to find out what documents you need to send. Please provide as many relevant documents as possible.
Once we’ve received your application we may still need to contact you for more information and documents."

Note that the document requirements vary with when the applicant was born. The guidance is difficult to follow in terms of the documents required but it seems that at least for your son this might work.

Quote: "Evidence of parents’ nationality and evidence parent has been resident in the UK and exercised Treaty rights for a minimum continuous period of 5 years before to the applicant was born "(see table B)."

So son's father wouldn't need to show a Permanent Residence document, instead he could provide P60s for 5 years prior to birth (P60s are annual earnings statements UK employers issue). Work through the guidance to see what you can supply.

Whether you need a solicitor to help you is a personal choice. Some solicitors' legal advice on a variety of subjects we have seen quoted here is unreliable or even totally incorrect. Certainly you don't need a legal advisor for a passport application.

Hi @Altenhase58,

Great support, thank you!

All things start making unnecesarily nervous. It is at the end just a passport application! But I know too well, how ridiculous Homeoffice/ Ausländersamt can be. That is why I resides in Germany as a spouse of EEA national, not as a spouse of German national; they messed up my application and I was almost deported!! Many officer unfortunately do not have enough knowledge of immigration laws...

We have all P60s, bills, job contract, tenancy agreement of these 5 years ready to send.
I concentrate myself to secure a passport for my son for now so that he can study as home student, if we move to UK next summer.

Thanks again!!

meemeeminnie wrote: ↑

Tue Sep 26, 2023 3:44 pm

I concentrate myself to secure a passport for my son for now so that he can study as home student, if we move to UK next summer.

I would be extremely careful with this assumption.

If I remember correctly, Home Student status isn't just given to all the Brits/ILR holders - it also has residency requirements, ie person has to live in the UK for a number of years before being enrolled on a course.
So even if your son will get citizenship, he might not be classified as home student.

I'm not extremely familiar with it, so other members can contribute, but do your research on it.

UPD, England example - https://commonslibrary.parliament.uk/el ... n-england/

With some exceptions, they must also have been ‘ordinarily resident’ in the UK for the three years before that date. The three-year residency rule applies to UK nationals who have been living abroad

Check respective resources if you plan to reside not in England, as requirements may differ.

Hi @altenhase58,

Thank you. I’m aware of that too.
That’s why we wanna go back to UK in the summer 2024 no matter how, so that when he finish his A-levels and a gap year, he’ll be eligible as a home student, hopefully!

@meself2 is correct.

In order to qualify for Home Student status, the student, even if a British citizen, needs to have been ordinarily resident in the UK for at least three year before the first day of the first year of the course.

This applies mainly to England. Scotland, Wales and Northern Ireland have different rules. The UKCISA site is a very helpful resource to look at for queries about Home Student status, etc.

As I had mentioned in another response, British citizenship and access to resources in the UK is heavily oriented towards residing in the UK.

I have referred wrong person in my previous reply.
Sorry and thank you @meself2. And thank you too @secret.simon, to make it even more clear.

Then we just need to adjust our plan so that he can get the best out of given conditions.