Advice needed (pretty urgent)

[fred]

Thanks Graham...Will they automatically look or should she politely point this out..
Thanks again for the ideas..Its appreciated.

[grahamw48]

I would think they will automatically look Fred.
(All on computer now), but it would be a good idea still for the two of them to dig up all the written evidence they can, to support their case.

[fred]

^^^^

[Terpe]

fred, just a couple of quick clarifications.

You mentioned she had a couple of refused appeals. Appeals for what?
Is her ILR now officially revoked?

At first 'glance' I have to say it looks grim.

There may be some slim chances to find possibilities within immigration rules, I'll do some detailed reading later, but a step-by-step easy process is not going to happen.

Just off the top of my head, she will need to make visa application.
That means all the usual requirements,docs, fees and yes the English Test.
However, I am concerned about just how UKBA will view their intention to settle in UK.
I'm also concerned about what these failed appeals are connected with.

Finally, excactly when did they leave UK?
Did they ever go back for holidays etc?

fred,
I came by this and wondered if it might be at all helpful:-

"Returning resident – have you been away too long?

Today we are delighted with the outcome of a difficult ‘Returning Resident’ case which was allowed by the Immigration Judge at the Asylum and Immigration Tribunal (AIT), Hatton Cross.

In January 2010 we received a call from a couple who longed to return to the UK but had discovered that their Indefinite Leave to Remain status had expired due to their prolonged absence. Understandably they were very upset and confused as they had not realized that ‘Indefinite Leave to Remain’ was anything other than permanent and could be lost.

When they departed from England in 2003, they initially planned to be away for a short period however due to family circumstances and work commitments, they were unable to visit the UK at all. Coming up to retirement, they had commenced preparations to return however their plans had been thrown into chaos when they had been told that they did not have an automatic right to return.

The rules governing returning residents are paragraphs 18 and 19 of the Immigration Rules HC 351, namely:

18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

had indefinite leave to enter or remain in the United Kingdom when he last left; and
has not been away from the United Kingdom for more than 2 years; and
did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
now seeks admission for the purpose of settlement.
19. A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.

We instructed Counsel, Patrick Lewis who is at Garden Court Chambers to assist with the drafting of the application and representations as we knew from experience that the Entry Clearance Officer (ECO) would seek to automatically refuse the application and the matter would proceed to Court.

The representations accompanying the application confirmed that our clients satisfied all of the requirements of the rules save for the fact that they have been outside the UK for a period exceeding 2 years and we requested for the ECO to exercise discretion and directed the ECO to refer to the Immigration Directorate Instructions [“the IDIs”] that identifies a number of factors that are relevant in the exercise of discretion.

Additionally, we referred to the case of R v Secretary of State, ex p Ademuyiwa [1986] Imm AR 1 as being relevant as it was in this case that the court identified a number of factors to be considered by a Home Office official or ECO when a persons absence exceeds 2 years.

Those factors are as follows:

1.the length of his original residence here;
2.the time the applicant has been outside the United Kingdom;
3.the reason for the delay beyond the 2 years – was it through his own wish or no fault of his own?
4.Could he reasonably have been expected to return within 2 years?
5.why did he go abroad when he did and what were his intentions?
6.the nature of his family ties here – how close are they, and to what extent has he maintained them in his absence?
7.whether he has a home in the United Kingdom and, if admitted, would resume his residency.
Their application was as expected refused by the ECO and the grounds of appeal drafted and sent to the AIT. It’s a long and slow process for an entry clearance appeal to be listed before the AIT but finally the day arrived and the couple along with three witnesses attended at Hatton Cross.

The Immigration Judge considered all the material submitted by the couple in support of their appeal and heard the evidence of the witnesses. In his findings and conclusions notes that the he is satisfied that the respondent (ECO) failed to exercise his discretion properly and that the inflexible non-discretionary application caused injustice and undue hardship.

We’re looking forward to celebrating with them when they return to the UK."

I found it here

[purple]

Sad to hear about your friend Fred, it is not easy to be living here for long and cannot go back. But as per immigration rules, looks like your friend there needs to apply for spouse visa route again.
14 years living here in the UK on ILR... she should have applied for British Citizenship and retain her Filipino Dual Citizenship.

This should be a lesson learned to everyone here in the forum.