View Full Version : Returning Resident
mrs j english
5th January 2007, 13:36
I was just browsing through the UKVACS website and came across the Returning Resident visa. Does this apply to British citizen with a valid British passport? I'm just wondering since hubby's been living here in the Philippines for almost 3 years and does it mean if we ever decide to visit UK, does this apply to him!? :Erm:
http://www.ukvacs.net/
walesrob
5th January 2007, 13:56
I was just browsing through the UKVACS website and came across the Returning Resident visa. Does this apply to British citizen with a valid British passport? I'm just wondering since hubby's been living here in the Philippines for almost 3 years and does it mean if we ever decide to visit UK, does this apply to him!? :Erm:
http://www.ukvacs.net/
Never heard of that one and it is highly unlikely! Why would a valid British passport holder need a visa to re-enter the UK? :Erm: As far as I'm concerned, if I lived the Philippines for 5 years, I have every right to re-enter the UK any time I want, as long as the passport is valid.
The link you provided is only for applicants for UK visas in the Philippines, and is not intended for UK passport holders.
If you need clarification, I would suggest your hubby visit the proper FCO website:
http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1007029390554
mrs j english
5th January 2007, 14:44
That's why I posted the question since it wasn't so clear if that also applies to a British citizen/passport.
Do I qualify to this rule if someday we plan to go to UK?
(b) the applicant is married or the civil partner of to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and
http://www.ind.homeoffice.gov.uk/lawandpolicy/immigrationrules/part8
walesrob
5th January 2007, 15:05
That's why I posted the question since it wasn't so clear if that also applies to a British citizen/passport.
Do I qualify to this rule if someday we plan to go to UK?
(b) the applicant is married or the civil partner of to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and
http://www.ind.homeoffice.gov.uk/lawandpolicy/immigrationrules/part8
I'm looking at the link you supplied, and it doesn't seem to add up.
Ok, this is how I understand it (Keith or Pete correct me if I'm wrong).
The above rule only applies if you have indefinite leave to remain from UK Visas?
If you are naturalised, (i.e. have a British passport), these rules don't apply.
With ILR, if you leave the UK for more than 2 years, you must apply for this returning visa.
walesrob
5th January 2007, 15:13
Quoted from the Returning Residents page over on UKVisa
What is a returning resident?
A returning resident is someone who has left the UK and has been given permission to come back again to live in the UK, with no time limit.
'Settled' means living in the UK legally with no time limit on your stay.
Back to questions (http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721067624#Top)
How do I qualify?
You will qualify if:
you were settled in the UK when you last left
you have not been away for more than two years and you are coming back to live here permanently, and
you did not have help from public funds to leave the UK.If you have been away from the UK for longer than two years, you may still qualify to return to the UK as a returning resident if, for example, you have strong family ties or have lived here most of your life.
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721067624
So, "has been given permission to come back again to live in the UK, with no time limit." and "settled in the UK" means the applicant has ILR?
mrs j english
5th January 2007, 15:37
In our case, we have no plans of settling in UK but plan to visit someday to see hubby's relatives. So it's kinda confusing where we fit in with regards to this matter. I know I still need to apply for a visa but just confused when it comes to my hubby's situation. :Erm:
walesrob
5th January 2007, 15:40
I know I still need to apply for a visa but just confused when it comes to my hubby's situation. :Erm:
OK, as long as your hubby has a VALID British passport, he can travel without a visa.
A_flyer
5th January 2007, 17:20
A citizen of a country has always the right to come back in his country and never needs a visa for this.
But of course, he needs a valid passport to travel (he do not need the 6 months validity of course, it must be valid at least until the day he enters his country as it's valid until midnight). But he take a lot of risk as if a flight is delayed, he may be blocked in the stopover country... only solution is to run at your nearest Embassy in this case ... hoping you have one there!
No international travel can be done without a valid passport (the only exemption I know is EU travel for EU citizens where the ID card (if it exist in the citizenship country) is accepted).
You are always a citizen of your birth country unless you resign from your citizenship.
andypaul
6th January 2007, 01:49
In our case, we have no plans of settling in UK but plan to visit someday to see hubby's relatives. So it's kinda confusing where we fit in with regards to this matter. I know I still need to apply for a visa but just confused when it comes to my hubby's situation. :Erm:
U still need to apply (ur hubbys situation is cleared up by the experts) but im pretty sure its far easier if you have lived together for 4 years or more abroad as you say to obtain a visa but the laws are changing rapidly at present so best to get clarified.
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