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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My son entered the uk in 2003 on an indefinate leave to enter

Resolved Question:

My son entered the uk in 2003 on an indefinate leave to enter visa. He was 13 at the time. He has been living here ever since. He has since lost his US passport with the visa and also lost the replacement passport. As a result he was issued a 1 year US passport in April.He wants to go to Italy in July for Holiday. Will he have a problem returning to the UK? Is he able to get a UK passport? He was born in 1990 in the US to a US mom and UK dad. US mom is here on Indefinate leave to remain visa.
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.

Just to clarify, has you son lost all evidence of him having been issued with indefinite leave to remain?
Do you have a copy of the indefinite leave to remain?
Did you apply for a US passport to be issued?

Kind regards

Customer: replied 3 years ago.


Yes, he has lost all evidence of indefinate leave to enter. I still have my Indefinate leave to remain in my passport. He has his US passport but never applied for a UK passport.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

In this case the best thing to do would be firstly to do a subject access report, this would allow you to obtain a file from the home office showing whether indefinite leave to enter was issued to him.

Please see the following link:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/286323/sar.pdf

Once you have obtained evidence from the home office that he was issued with indefinite leave to enter, then you should apply for him to have indefinite leave to remain issued to him on his new passport, the form you would need to apply is form NTL, please see the following link:

https://www.gov.uk/transfer-visa

This would be the cheapest and quickest way of obtaining indefinite leave to remain. You would of course need to submit evidence of him being issued with indefinite leave to enter, from the subject access request.

If the home office refused to issue him with indefinite leave to remain , then you only option would be to apply for indefinite leave to remain for him using form SET O, please see following link:

https://www.gov.uk/government/publications/application-to-settle-in-the-uk-form-seto

This would be more expensive and you would need to include as much evidence as possible of him having resided in the UK since 2003, so letters in his name, pictures of you and your son, school reports, school certificates ect. It can be a long and complicated application so you may wish to consult a solicitor to prepare such an application for you.

I hope this answers your question. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Is he able go apply for a UK PASSPORT? and be a dual citizen?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Once he is able to obtain indefinite leave to remain then yes he will be able to have a dual citizenship, there is nothing preventing him from having dual citizenship.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

If he travels go Italy for a week on his us passport will be have trouble on his return?can he say he is here for a visit?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

The fact is that you do not want him to say he is visiting the UK , because then this can have issues when he applies for indefinite leave to remain. The home office can stated that he lied to the immigration officer on entry to the UK.

If you do wish for him to return to the UK then he would be issued with a visit visa and this can be a risk as stated above. It is of course up to you what you decide to do, but I would suggest that he applies and sorts him indefinite leave to remain out before traveling outside of the UK.

I hope this answers your question.

Kind regards
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