Returning Resident Visa application - eligible?

[ricaveee]

Hi, I was granted a VISA SETTLEMENT TO JOIN PARENTS or INDEFINITE LEAVE TO ENTER THE UK in 2006, when I was 15 years old. I went on to live in the UK from 2006 to 2010. Unfortunately I had to leave and go back to the Philippines because of personal reasons, and to study for university. Since then, I've been going back almost yearly every Christmas to visit my parents. In 2015, I was told by the IO in the UK border that I cannot use my visa any longer since I do not permanently live there, and I should instead apply for a visitor visa. However he still let me in. At this point neither I nor my mum were aware about the two year rule - even the IO didn't mention it. I've only found out about this by doing research.

My last trip to the UK using my settlement visa was from December 2015-Jan 2016. Last July 2018, I had to attend a friend's wedding so I followed the IO's advice and applied for a Visitor Visa. I stayed in the UK from July-August 2018. My most recent trip was from November 2018-January 2019.

Now this is where my problem lies, since I am done with uni here, I want to go back to the UK and am planning to apply for a Returning Resident Visa. I am confident that I am eligible, however, I read somewhere that the visa is only applicable for those who last left the UK as a resident, and that if one had entered the UK using another type of visa - eg. Visitor, the ILE/ILR becomes invalid, since the Returning Resident Visa acts a reinstatement of the ILE/ILR.

I couldn't confirm this as I could not find it in the gov.uk website, so I am asking here. This is quite honestly stressing me out as I plan to study again in the UK this September, and I need to allot at least three months for the visa application. I could also apply for other types of settlement visa as my mum is a naturalised citizen, but prefer the Returning Resident Visa as it is much cheaper.

Thank you to whoever will find the time to answer my question.

[zimba]

Your ILR has already lapsed as you were absent for more than two years. You can only get the returning resident visa if you can show you have strong ties to the UK.

Read: https://www.gov.uk/government/publicati ... -residents

[vinny]

Moreover, you are correct in saying that having leave as a visitor would also automatically prevent you from being a returning resident.

[ricaveee]

Your ILR has already lapsed as you were absent for more than two years. You can only get the returning resident visa if you can show you have strong ties to the UK.

Read: https://www.gov.uk/government/publicati ... -residents

My parents and my friends are in the UK, so I surmise those reasons are strong enough? My worry is if I still can apply for the returning resident visa...

[ricaveee]

Moreover, you are correct in saying that having leave as a visitor would also automatically prevent you from being a returning resident.

So does this mean that I have no chance of applying for a returning resident visa? If I had known that this was the case I never would've applied for a tourist visa. I simply didn't know this rule.

Since I am planning to come back to the UK to join my parents (both naturalised citizens) again, should I just apply for a family visa?

[zimba]

No. You are an independent adult and you cannot be on family visa because your parents are British citizens. Family visa is for spouse or dependant children. But do not lose hope: indefinite-leave-to-remain/returning-re ... 65665.html

[ricaveee]

No. You are an independent adult and you cannot be on family visa because your parents are British citizens. Family visa is for spouse or dependant children. But do not lose hope: indefinite-leave-to-remain/returning-re ... 65665.html

Thanks for the input. Unfortunately I am still dependent on my parents and they still send me money monthly. But yes, I am not losing hope. Although in the link you provided, the person had stayed in the UK for over 10 years, and I only stayed for four Do you suggest I still apply for a returning resident visa?

[zimba]

I suggest to apply if you have the money. Try to show all the evidence that you were given ILR and now your parents are all British living in the UK and you are still financially dependant on them.

[ricaveee]

I suggest to apply if you have the money. Try to show all the evidence that you were given ILR and now your parents are all British living in the UK and you are still financially dependant on them.

Thanks so much for the advice. I will also try to consult a solicitor for this.