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General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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BringingThemHome
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Joined: Tue Nov 12, 2019 1:58 pm
United Kingdom

Complex Immigration Issue

Post by BringingThemHome » Tue Nov 12, 2019 2:10 pm

Hello all you wonderful, knowledgeable people.

My wife is from abroad and we married there then moved to the UK. We stayed here for a number of years, had 2 children, and she had ILTR. Unfortunately due to illness in her family we had to return to her home country a year short of her being here 5 years.

While living abroad we had another child, and now we are all wanting to come back home to our little island, bringing the new born with us.

We believe that we will need to apply for Return Resident visa for my wife which is fine, so we will apply for that online and have her attend the bio-metric thing .

What I really want to know is with regards to my son born outside the UK, what visa will he need to have in his passport before they can all come here?

One final thing, I assume that since my 2 older children were born here and have UK passports, expired now but regardless, still registered and British citizens, we will not have to prepare any documentation for them to come at the same time as my wife and youngest child?

Any information that you can give would be wonderful.

Thanks so much in advance :)

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CR001
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Re: Complex Immigration Issue

Post by CR001 » Tue Nov 12, 2019 2:25 pm

How long has she been away from the UK, what date did you all leave? Have there been any trips to the UK since she left?

What is her nationality?

Are your British born, born in the UK to British parents or are you British by descent or naturalisation or......?

Your British children obviously need to have valid passports to travel to the UK.
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Re: Complex Immigration Issue

Post by vinny » Tue Nov 12, 2019 2:34 pm

Did she have ILR (Indefinite Leave to Remain) prior to last departing the UK? Without it, she cannot qualify as a Returning resident.

How long has she been away from the UK? Normally, Returning residents shouldn't be absent from the UK for more than 2 years. However, if she has strong ties, then it's possible.

Youngest child is also automatically British, if a parent is British otherwise than by descent.

British children may apply for British passports.
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BringingThemHome
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Posts: 5
Joined: Tue Nov 12, 2019 1:58 pm
United Kingdom

Re: Complex Immigration Issue

Post by BringingThemHome » Tue Nov 12, 2019 4:34 pm

Hello all, and thanks for the reply.

We left the UK at the start of 2015 and she has not been back since, and neither have any of the kiddies though I have been in and out regularly, though I am a British by birth and heritage, my family have lived here since the Vikings.

My wife had ILTR when we left in 2015, with 4 years living in the UK with me and the 2 kids we had.

So my smallest child is not needing any kind of Visa since he was born with a British father, even though he was born in a foreign country? Is that right? Wow that is fantastic.

My children have valid passports for the current country they are resident in, my two older kids have dual nationality, hoist country and British, my smallest was born in the country of resident and will have a passport from there to travel to the UK.

Thanks a lot!

iwolga
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Re: Complex Immigration Issue

Post by iwolga » Tue Nov 12, 2019 6:24 pm

BringingThemHome wrote:
Tue Nov 12, 2019 4:34 pm
So my smallest child is not needing any kind of Visa since he was born with a British father, even though he was born in a foreign country? Is that right? Wow that is fantastic.

My children have valid passports for the current country they are resident in, my two older kids have dual nationality, hoist country and British, my smallest was born in the country of resident and will have a passport from there to travel to the UK.

Thanks a lot!
I think you are misinterpreting the replies. Unless there is something in UK immigration law that allows UK citizens to travel on expired passports, the normal procedure is to apply for a renewal of the passport before travelling to UK. This is what consulates are for.

Actually some countries can even penalize you for not having your passport updated while living abroad (with some you can even lose nationality if you hold another nationality).

I assume the way forward with your youngest kid is to have it registered as British citizen in the embassy and get a passport for it before travelling to UK as well.
Last edited by iwolga on Tue Nov 12, 2019 6:28 pm, edited 3 times in total.

BringingThemHome
Newly Registered
Posts: 5
Joined: Tue Nov 12, 2019 1:58 pm
United Kingdom

Return Residency

Post by BringingThemHome » Mon Nov 18, 2019 11:10 am

Hello,

My wife has completed a Return Residency VISA and now has an appointment for biometrics tomorrow. Once she has done the biometrics, can she fly or do we have to wait for an appointment with UK consulate?

I ask because during the online RR visa application, it was not clear what the next step would be after completion of the biometrics, and being that she filled it online, I am unsure what she was shown.

Could someone give me some pointers in what will happen next with regards to the actual VISA application? Do we need to go see the consulate, does she get something in the post?

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