Does my wife’s sister have the Right to Enter UK?

[kamsi]

Hi all,

This might be a long shot but should give it a try. I would really appreciate comments from any of the moderators.

My father-in-law and his wife (my wife’s parents) lived in the UK in 1970s. My father-in-law come to study and was later joined by his wife. Sadly my father-in-law passed away in 2022. His wife was granted ILR on 02/05/1978 as his dependent. Whist they were in the UK they had two children who are British citizens. They all returned to Nigeria on 30/11/1979 and never returned. On 24/09/1981 he had a daughter born in Nigeria.

I do not know what the immigration rule was at the time, if it was today, in line with current immigration rules, as they had the daughter when they had ILR and hadn’t been out of the UK for more than two years when the daughter was born, I am assuming that the daughter could apply for indefinite leave to enter as she was born outside of the UK.

As you would have noticed, the ILR lapsed a very long time ago (30/11/1981). My question is, could the daughter who was born in Nigeria on 24/09/1981 have the right to enter the UK by virtue of being born whilst her parents had ILR which was still valid at the time of her birth?

Thank you all.

[CR001]

could the daughter who was born in Nigeria on 24/09/1981 have the right to enter the UK by virtue of being born whilst her parents had ILR which was still valid at the time of her birth?

No, there is no such provision. Being born abroad is just that, being born abroad to parents who are not British and therefore no automatic route to the UK.

She would have to find her own visa route to the UK that she qualifies for.

[kamsi]

Thanks, that’s very kind of you. Much appreciated.

[secret.simon]

Keep in mind that

(a) ILR/ILR is never acquired automatically, but must be applied for. So the daughter would only have ben granted ILR if an application for it was made at the time, and granted.
(b) In any case, ILR, even once granted, lapses automatically by operation of the law on any continuous absence from the UK of more than two years.

Your sister-in-law would fail to have ILR on both grounds.

[kamsi]

Thanks.