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I was previously a UK permanent resident, however I was outside of the UK for more than 2 years and hence have to apply as a returning resident to come to UK.

My two minor children are UK citizens who wish to pursue their further schooling and university and settle in UK. Since they are minors, they have to be accompanied by me their Parent. Is this reason strong enough for clearance office to grant me a returning resident visa?

ouflak
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Taj
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    Why can't they go to school and university where you live? – gnasher729 Feb 24 '19 at 14:57
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    @gnasher729 Your query might be interesting, but it isn't what the OP asked. The original question is not "how to get my kids an education," but instead is how to obtain a UK returning resident visa. – DavidRecallsMonica Feb 24 '19 at 21:20
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    @Taj, just a dose of reality though it doesn't answer your question, this visa is notoriously difficult to acquire. In ten plus years of observing immigration topics online, I can only point to one case where this visa was successfully awarded, and that was after a hard fought appeal. If you can qualify by other means, I reccommend that route instead. If you've been out of the country for just barely (weeks) over two years, they might just let you in. This is at the discretion of the Broder Control and is recoginzed just like a full-blown successful application. I've seen this once as well. – ouflak Feb 25 '19 at 09:07
  • Thanks all for showing interest. @outflak Thanks for the considerate and candid reply. I hope someone could shed some thoughts on my specific scenario that my chidren are UK citizens have to attend schooling and settle in UK and as they are minor me as a parent have to accompany them. You mention other routes , can you please mention what those could be. Thanks – Taj Feb 25 '19 at 17:06
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    @Taj I don’t mean to sound unsympathetic but although your children have an inalienable right to be in the UK they don’t HAVE to attend schooling there. A case for compelling/compassionate reasons might exist if the education options in your current place of residence are so utterly abysmal that a return to the UK for schooling is the only viable alternative. But plenty of children board in the UK and their parents visit. If your children are considering university, again it’s not necessary for a parent to be in the UK full-time. You probably need to consult an Immigration lawyer – Traveller Feb 26 '19 at 12:18
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    @David, gnasher's question was relevant because it is the exact question that will be asked (and probably the first one) when reviewing a case for a Returning Resident on that basis. And the answer will be fundamental to why the application will almost certainly be rejected as most of this type are. – ouflak Feb 27 '19 at 08:52
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    @outflak Pointing out that it's the next question the OP will face is useful, thanks. – DavidRecallsMonica Feb 27 '19 at 14:41
  • All the comments are relevant and important. Yes the question why can't my children attend the school where they are living right now is very valid.My point here is that as a parent of minor children Iam decidign what is good for them( mind you they are both minor and citizens of UK ), I would like them to settle in the UK ,for that it is better for them to get further education in the UK so that they start understanding the culture, language and that way integrate better with the society. Anyway I have applied and fingers crossed let us see what happens. Thank you for all the comments though. – Taj Feb 27 '19 at 14:45
  • Someone said plenty of children board in the UK and their parents visit, that is correct,but those children may not be UK citizens and the parents can only visit them or the children are UK citizens and are boarding out of compulsion (both parents working etc ) or simply their choice. However we are talking about Minor UK citizens who have to be accompanied by their parents (who themselves are former residents and who want to settele back in the UK). By the way my two children have applied to UK state schools and one of the primary conditionsis is that they should be living with their parents. – Taj Feb 27 '19 at 15:00
  • @ouflak I recognize that the home office does ask questions like that, but the answer should be they can go to school there, but they prefer to go to school in the UK. They are British citizens, and it is their right to live in the UK and to go to school there. – phoog Feb 28 '19 at 15:30
  • @phoog, "Fair enough", stamp, application rejected. "The children have the right to live in the UK and to go to school there, and you can visit, but there are not sufficient grounds for you to be considered a returning resident. Thanks for applying." – ouflak Feb 28 '19 at 15:35

1 Answers1

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Factors for consideration when assessing whether a person can be readmitted to the UK as a returning resident under paragraph 19 of the Immigration Rules include:

• their strength of ties to the UK including:

o the nature of those ties

o the extent to which those ties have been maintained during the applicant’s absence

• the length of their original residence in the UK

• the length of time the applicant has been outside the UK

• the circumstances in which they left the UK and their reasons for remaining absent

• their reasons for now wishing to return

• whether, if they were to be readmitted, they would continue to live in the UK

• any other compelling or compassionate factors

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/725471/returning-residents-v2.pdf#page10

Without knowing the answers to some of the above, where you and your children currently reside, their age/current schooling, other ties to the UK etc, it’s hard to judge whether having two children with UK citizenship who want to return could be deemed sufficient in and of itself.

Traveller
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