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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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hi i had an ILR in the UK on 2000 left the UK 2006 never

Resolved Question:

hi
i had an ILR in the UK on 2000
left the UK 2006
never been since,never claimed benefits ,self sufficient .
still have strong ties to the UK (daughters and grandchildren,UK citizens).
what are my chances of qualifying for a returning resident visa .
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

Do you mean that your daughter/granddaughter is based in the UK?

Do you have any other children and if so where are they based?

Are you married and if so where is your spouse?

Kind regards,

Tom
Customer: replied 2 years ago.

yes my daughters and granddaughters are based in the UK.


i have one more son ,also British citizen who is in kuwait now but is planning to return and resettle in uk


i was married to a UK citizen in 1975 (in the uk)


divorced in the UK 2000


never remarried.

Expert:  Thomas replied 2 years ago.
Thanks. Drafting your answer now. 5 mins please.

Kind regards,

Tom
Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Assuming that you’re not going to be able to get a job offer for a Tier 2 General visa and you are no longer married to your wife, then applying under the returning residents category is your only option.

You have to prove that you have strong family ties in the UK and that you’ve lived in the UK most of your life.

Personally, I would wait until your son has moved back to the UK to settle permanently so that you will then be able to demonstrate that all of your family resides in the UK. This will prove the family tie element of the criteria.

If you have not lived most of your life in the UK then it does put you at a bit of a disadvantage. You will have to argue your article 8 rights of a family a private life with regard to seeing the children in order to get around this.

You will also have to show that you can support/accommodate yourself without the need to access public funds. So this will involve producing financial documentation to show that you will be able to do this and also perhaps evidence of where you will stay in the short term once you arrive.

Basically, the length of time that you have been out of the UK is a bit of an issue, as is that you may not have lived the majority of your life in the UK but if all of your children are now in the UK and you can show that you will not be a financial burden on the state then you still stand a chance of being successful.

However, to give yourself the best chance I would instruct a solicitor to prepare the application for you.






My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
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