Unusual case - FLR options query

[tembani]

I am a South African citizen who married a Uk citizen in 1978 and we came to live in the UK with our first born (1978) in Aug 1978. I had two further children (1979 and 1985) here and I worked in a family company as from 1984.

We divorced in 1989 and I continued working to support the children. In 1995 I returned to South Africa to help my father look after my mother who had had a stroke - she has subsequently died and then my father had cancer so I ended up staying until recently. The children all returned to the UK after school.

During this time I continued to pay CLass 3 contributions as it was never my intention to stay in South Africa permanently but to return to the UK. My previous passport was stamped giving me right to stay permanently but I believe this is no longer valid after 5 years.

In 2003 my ex-husband and I re-kindled our relationship spending approx 25 weeks together here and in South Africa and I returned here in December 2005 on a six months marriage VISA intending to get married in May 2006.

The relationship is foundering and I need to know where I stand in order to apply for a VISA to stay as I have sold up intending to live here permanently. There does ot appear to be a clear-cut option for me to apply.

I have an income from two UK properties of approximately £1000 per month, could work in an accountancy firm if permitted. I have been studying for my accountancy exams and have my finals to complete which I should like to do in the next 2 years.

My two older children would be prepared to sponsor me if necessary - my age is 54.

I should be most grateful of you could advise me of the appropriate route to take in applying for permanent residence.

Many thanks

[John]

My previous passport was stamped giving me right to stay permanently but I believe this is no longer valid after 5 years.

Actually it is two years. I am not sure about this and would welcome other opinions, but given that ILR was clearly held at some point in time, is it now possible to apply to be a "returning resident" after all this time? And even after a fiancée visa was issued last November?

When you were thinking of applying for that fiancée visa, was any thought given to applying as a returning resident .... to effectively reactivate your ILR?

Was there a reason why you did not acquire British Citizenship during the period 1978 to 1995?

[Kayalami]

Fran,

I am sorry to hear of your difficulties. With utmost respect to the board's contributors IMHO your case is somewhat complex and outside the realms of the bb given that there are a number of factors to consider including the loss of ILR - that a fiance visa was granted confirms that the relevant visa officer at the BHC Pretoria considered your prior ILR and deemed it abondoned by virtue of your lengthy absence from the UK. As a minumim one would need to consider any trips you made to the UK in the years post your return to RSA.

The option that comes quickly to mind is perhaps staying in the UK as a student given that you have some property that you can both reside in and also fund your studies. Such would allow you to work for 20 hours during term time and unlimited during vacations. You mention potential investment/ self employment but such are in the realms of specific employment related categories. Options also include sponsorship by your children subject to their status and applicable compelling grounds as to why you should not return to RSA. Regardless of intended way forward I strongly recommend you do not overstay your visa. In any case the immigration rules have been amended as recently as last wednesday to restrict in country switching so you would need to return to RSA for the relevant visas.

Seek competent legal advice promptly give the short time line to your fiance visa expiry. Type OISC in any search engine for a list of suitable advisors.

Good luck