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Hello everyone,

l have indefinte leave to remain since 2001. ILR was issued on the same day along with my daughter who was born in Uk in 2003. We both were given ILR on the same day.

l was given admission to study abroad so l took my little daughter who was at that 9yrs old abroad, she is now 13yrs old and was born here in the UK as l mentioned. Her indefinite leave has expired because she has stayed outside for 4yrs and l don't want to apply for returning resident as the visa office is strict with returning resident visas. l am not too sure if she qualify to come in with right of abode or to apply for british citizenship if she qualifies. My leave to remain is still valid because during the holiday period, l was always coming home to check our house. Please l need help to as what l can do to bring her back.

I'll let others better placed on the BC rules to advise on a child born in the UK before you were granted ILR. As you're already aware her ILR will now be void.

However, a word of caution. Brief visits back to the UK to 'tend to your property' won't have re-set the clock for the 2 year absence limit. If you haven't been stamped in as a visitor so far (best check your passport), it could happen at any time on re-entering by an eagle eyed Immigration Officer.

Mee2016 wrote:l have indefinte leave to remain since 2001. ILR was issued on the same day along with my daughter who was born in Uk in 2003. We both were given ILR on the same day.

Are you sure about your dates? Did you get ILR in 2010 and not 2001??

You may be able to register her under section 1(3).

Mee2016 wrote:Hello everyone,

l have indefinte leave to remain since 2001. ILR was issued on the same day along with my daughter who was born in Uk in 2003. We both were given ILR on the same day.

l was given admission to study abroad so l took my little daughter who was at that 9yrs old abroad, she is now 13yrs old and was born here in the UK as l mentioned. Her indefinite leave has expired because she has stayed outside for 4yrs and l don't want to apply for returning resident as the visa office is strict with returning resident visas. l am not too sure if she qualify to come in with right of abode or to apply for british citizenship if she qualifies. My leave to remain is still valid because during the holiday period, l was always coming home to check our house. Please l need help to as what l can do to bring her back.

Aside from doubts over how you maintained your ILR status if you really had ILR in 2001 then your child was born British.

However if you actually had ILR granted in 2010 then register child (as intimated already).
(That is assuming an eagle-eyed IO has not already stamped you back into UK as a visitor on one of your not-to-be-recommended flying visits).

noajthan wrote:However if you actually had ILR granted in 2010 then register child (as intimated already).
(That is assuming an eagle-eyed IO has not already stamped you back into UK as a visitor on one of your not-to-be-recommended flying visits).

Is there any precedent for the possible problem? Section 1(3)(a) says 'father ... becomes settled', not 'father ... is settled'.

I see no distunction between the 2 terms you seek to advance.


Once a paren't is settled their child can be registered. It does not preclude a person who take years before applies.

Becomes indicates the starting period of qualification not the end period.

Is a UK-born child still entitled to register after the parent(s) loses ILR (e.g. by being absent for over two years, say)?

Richard W wrote:Is there any precedent for the possible problem? Section 1(3)(a) says 'father ... becomes settled', not 'father ... is settled'.

Pointless worrying about such a detail at this stage.
The options (passport or entitlement to register) are bifurcated by child's DoB.

This OP is not even clear when s/he got ILR, it could be interpreted as either 2001 or 2010.
OP doesn't understand how close he/she has come to losing their ILR (if they still have it).

And in a simlar case recently, HO caseworkers (agency workers, admin clerks, interns, whoever they are) have proven incapable of granting a clear 1(3) entitlement to someone who had ILR, became BC but then "couldn't prove they had ILR" as they had dutifully returned their BRP for destruction.
Its unlikely such a calibre of caseworker is going to agonise over "becomes" or "is".

Yes, such a case will be won on appeal or reconsideration (etc etc) and the universe will stabilise back in equilibrium again;
but here the OP needs to clarify their scenario to avoid pointless second-guessing.

vinny wrote:Is a UK-born child still entitled to register after the parent(s) loses ILR (e.g. by being absent for over two years, say)?

The op said she was coming to the UK over this period and was never away for a full 2 years period.

Obie IMHO I don't believe that brief visits back to the UK will maintain sufficient residency for the 2 year absence rule. Hence the warning about loss of ILR.

Casa wrote:Obie IMHO I don't believe that brief visits back to the UK will maintain sufficient residency for the 2 year absence rule. Hence the warning about loss of ILR.

It all depends on the circumstances. For a section 1 (3) I don't believe those kind of questions are usually asked or necessary.

Not just the physical residence will be considered, other factors such as the sufficiency of links to the UK will be considered.

As far as the child is concerned the OP writes "Her indefinite leave has expired because she has stayed outside for 4yrs and l don't want to apply for returning resident"

Casa wrote:As far as the child is concerned the OP writes "Her indefinite leave has expired because she has stayed outside for 4yrs and l don't want to apply for returning resident"

Provided the child is under 18 and was born in the UK, I don't think her ILR matters in regards to section 1 (3).

The mother howevet says she has maintained links with the UK, and has never been away for a period of 2 years or more.

Thank you everyone for your responds, l am grateful

l notice that l made mistakes in the date l was given indefinite leave to remain.

First of all, l was given 5 years to stay in 2001, and l had my daughter in march 2003, then Amnesty was given to all mothers which l qualified and ilR was given to me and my daughter in september 2006. This are the correct dates. l didn't stay out for more than 2 years so my indefinite leave is still valid but my daughter hasn't entered since l took her abroad to study. l have been in and out just to avoid staying out for more than 2 years. l am aware of s1 (3) but l didnt know if its applicable in this case since we both were given settlement visa same day. lf l am sure then l can apply for british citizenship for her and secondly l dont know if l can apply here in the UK when she is still abroad due to finger print and ceremony issues.

thanks

It is 13 years since 2003, how old is your daughter now?

If under 18 then citizenship ceremony will not be necessary.

My daugher is now 13years old. since ceremony is not required, can l apply here in the uk for her?

Mee2016 wrote:My daugher is now 13years old. since ceremony is not required, can l apply here in the uk for her?

Biometrics enrolment still required.

Biometrics can be done from overseas post.

Application can be done from outside UK.

Application in Africa sometimes takes too long, my mum that use to look after her was down with cancer, she just passed on 2 weeks and still in motuary. l need to get her back.

My application was refused for right of abode to bring back my daughter from africa. A letter from the home office advised that my daughter may be eligible to apply for registration as a british citizen that l should use for MN1 even though they already knew that my daughter is outside the country. My question is can l use form MN1 for a child that is till outside the uk? how about when its time for biometric or fingerprint? l don't trust the caseworker who advised that l should make a new application using for MN1 because form MN1 is for in-country applications. Please can someone help me?

Of course, if child wasn't British, then they correctly refused the right of abode.

Obie was correct.