Returning residents visa

[jhm259]

Hi there,

I am a New Zealander looking into applying for a returning residents visa and have been told I have to be out of the country to apply for it - I am currently in the UK on a youth mobility tier 2 visa, however lived here as a child (from 1991 to 1998) and was granted indefinite leave to remain while I was here due to being a codependent on my mother who was on an ancestry visa. However, once we left in 1998 we were unable to keep the ILR status as we were out of the country for longer than two years. My youth mobility visa finishes in August.

Before I pay to call the visa advisors can anyone let me know:

a) Can you have two visas at once? E.g. can I leave the country in June, to try and secure my returning residents visa despite still having my youth mobility visa, or do I have to wait until this is expired to be eligible to apply for the returning residents visa.

b) Do you think I could be penalised for applying for this returning residents visa from anywhere else apart from New Zealand? They said on the phone that I can be out of the country and it would be ideal if I was back in New Zealand but to save costs I thought I could apply for this from my family's home in Singapore rather than having to fly back to New Zealand, then apply for this visa, then potentially fly back to the UK. Realistically I don't know if they'd look into where I was when I applied for it, but I don't want to hinder my chances of getting this visa approved, especially as I know it's already very rare once you have lost ILR.

Please let me know if anyone has any information on these questions - it would be much appreciated!

Thanks,
Julia

[CR001]

I am not sure if you will be successful with a Returning Residence visa given the almost 20 year gap since you left and held ILR.

[vinny]

Unlikely, I'm afraid.

[jhm259]

I am not sure if you will be successful with a Returning Residence visa given the almost 20 year gap since you left and held ILR.

Hi there,

Yes I am aware of this - however, I am in an 'other case' situation which they therefore say the decision is made based on the following criteria:

• the length of the original residence in the UK - 10 years
• the time the applicant has been outside the UK - last time I was here maintaining the ILR was 11, and returned when I was 25 (so 14 years)
• the reason for the delay beyond the 2 years - was it through their own wish or no fault of their own (for example, having to care for a sick or elderly relative)? No fault of my own, as I was a child obviously and my mother returned as her father was dying. Most people I have seen posting about the returning residents visa and why they were denied, were due to leaving the country when they were adults. The main focus they talk about in this visa is having an 'exceptional personal circumstance' which kept you away longer than 2 years - which I think I can say that I have.
• the reasons for leaving the UK and for now wishing to return - leaving the UK due to family illness, and returning due to working for a charity who wants me to continue working for them.
• the nature of the family ties in the UK - have cousins here that are my support network.
• how close are they and to what extent have they been maintained during the absence

Do you happen to know about if I can have 2 visas at once?

Thanks,
Julia

[jhm259]

Unlikely, I'm afraid.

Hi Vinny,

Thanks for your comment but that doesn't answer either of my questions.. I'm not asking you about the likelihood of me getting this visa, I'm asking about if I can have 2 visas at once, and if I will be penalised for applying for it from a different country than NZ.

Thanks,
Julia

[vinny]

If I can have 2 visas at once,

No.

[vinny]

if I will be penalised for applying for it from a different country than NZ.

Where to apply: ECB05.

[vinny]

A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.

Unfortunately, you also now fail

(i) had indefinite leave to enter or remain in the United Kingdom when he last left;

[jhm259]

A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.

Unfortunately, you also now fail

(i) had indefinite leave to enter or remain in the United Kingdom when he last left;

Vinny you make a good point! Thanks - I think I'll start looking into the sponsorship option as well.
Julia