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Old 06-28-2011, 09:05 AM
 
1,933 posts, read 1,835,344 times
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Hi All!

I am wondering if you lot can help as I am having trouble trying to find information or more direct answers about returning to the UK.

I have an indefinite leave to remain in my passport but have been out of the UK for more than two years. It is to my understanding that I need entry clearance to return and my husband and I have to return for family business reasons in the UK.

Has anyone who has an indefinite leave to remain and been out of the UK for more than two years reapplied or get entry clearance and how did you go about it?

Also I will be six months pregnant at the time of reentry. I still have my NI number, and was registered with a NHS doctor before I left. The baby will be born in the UK. Can I still register with my original NHS doctor as I won't be leaving the UK for a very long time until the matter is settled.

This is all a bit stressful, so helpful answers please.

Many thanks!
Mrs. X
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Old 06-28-2011, 09:38 AM
 
Location: Airstrip 1, Oceania
671 posts, read 1,438,875 times
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I think you may have to start all over again by applying for a 2-year spouse visa. See UK Border Agency | Returning residents and also People Seeking Immigration Advice: The Office of the Immigration Services Commissioner (http://oisc.homeoffice.gov.uk/people_seeking_immigration_advice/ - broken link)
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Old 06-28-2011, 09:55 AM
 
1,933 posts, read 1,835,344 times
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Quote:
Originally Posted by Bob-666 View Post
I think you may have to start all over again by applying for a 2-year spouse visa. See UK Border Agency | Returning residents and also People Seeking Immigration Advice: The Office of the Immigration Services Commissioner (http://oisc.homeoffice.gov.uk/people_seeking_immigration_advice/ - broken link)
Thanks Bob! But we still have strong family ties and an actual business in the UK. From what I gather the entry clearance is different from the 2 year spouse visa since I already have the Indefinite Leave to Remain. I truly appreciate your help and will look at the second website.

Mrs. X

FOUND IT! Thank you Bob! Much appreciate it!

Last edited by CD's Only Mrs. X; 06-28-2011 at 10:00 AM.. Reason: another sentence added
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Old 06-28-2011, 01:15 PM
 
238 posts, read 388,863 times
Reputation: 104
Where to begin?

First of all I was in a similar position a year ago. I had ILR (Scottish spouse--married 18+ years) for 8 years (1999-2007) and had been also resident in the UK 1990-1992 and 1995-1996. I applied as a Returning Resident in 2010, based on advice from an immigration website (recommended by the UK Border agency).

My visa was refused because I had been out of the country for more than two years, and because they deemed my "ties" to the UK to be insufficient to grant entry clearance on a Returning Resident basis. All this despite the fact that my wife and kids had moved back there prior to me to start school while I remained behind to sell the house, and such. Also, my oldest son had been at Uni and living with my in-laws in Scotland most of the time we were in the States. And my second oldest had applied and been accepted to start Uni in the autumn of 2010. Also, three of my four children were born there and all four have lived there significant portions of their upbringing and schooling.

Upon receiving my refusal, I called up the agency that gave me the initial advice to apply using Returning Resident status. This time, I actually spoke to a real person, who told me that Returning Resident is one of the most subjective statuses to prove, because it leaves so much discretion to the individual immigration officer who makes the decision.

She also told me that rather than appealing my decision, it would be more likely to be accepted if I reapplied as a spouse again as I had been successful twice before.

That's the short version of the debacle of our last year and a half.
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Old 06-28-2011, 01:23 PM
 
238 posts, read 388,863 times
Reputation: 104
Oh, and one other thing. You wrote:
Quote:
Originally Posted by TheOriginalMrsX View Post
...I already have the Indefinite Leave to Remain.
In my understanding, you do not still have ILR if you have been gone for more than two years. Also I learned (from another immigration website) after the fact that if you have returned to the UK anytime in that period, and had your passport stamped with a visitor clearance, that you have automatically revoked ILR. At least that's what I have been told.
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Old 06-29-2011, 08:39 PM
 
213 posts, read 305,218 times
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I was born in the US to a Scottish mother and grew up in Scotland from a very young age but only had "indefinite leave to remain" as citizenship did not pass via the mother at that time.
I travelled abroad for a couple of years and when I returned home they stopped me at the border. After a couple of hours of back and forth and a bunch of supervisors it was decided to let me back in. The deciding factor (apart from my thick brogue) was apparently because I'd lived the majority of my life in the UK, my parents being there and my lack of any other home internationally didn't even come into it. They also insisted that I had to reestablish residency immediately.

Luckily enough they later changed the citizenship laws so now I have it via my mother.

ILR is a tricky visa.

As for you NHS issue -you need to reestablish residency for 3 months before you can access it. Even if registered with a doctor previously, the space will have been revoked. If pregnant, you may want to be careful.
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