ILR and Naturalisation after a long absence from UK

[AO]

I have a question regarding a tricky ILR case. I recieved ILR in 2012 just before the birth of our first son. My wife was still on a Tier1/HSMP dependent visa. My son was thus born a UK Citizen. However, Immediately after that we had to move abroad temporarily for family/economic reasons and what was supposed to be a 6 month trip became much prolonged. Hence we settled abroad and have since had two more kids. I have maintained my ILR through frequent travels and I have also run a company in the UK during this time, though I have worked and lived abroad.

Now we want to return back to the UK and restart the naturalisation process. I know I and my wife would probably have to meet some residency requirements before I can apply for passport and she for ILR (and then passport). I also know that our non-citizen kids are eligible for UK citizenship but after meeting some requirements but not clear what those are. I also need some advice on how best to make this transition back to the UK.

I am looking for specific guidance on the following:

a) Whats the current status of my ILR? How long will it remain valid? Whats the best way for the family to return back to the UK? Is it better for me to first establish residence in UK and then apply for the family's visa from UK or should the entire family apply in from abroad demonstrating the intention to return back to UK as family? Are their any specific requirements (income, housing etc.) for this?

b) Whats the path to naturalisation for me? ILR/naturalisation for my wife?

c) Are my two non-Citizen children eligible for UK Citizenship? If not, whats their path to citizenship?

d) Is Brexit going to have any negative/positive impact on the non-European migrants to UK?

Any advice, pointers, tips on how to navigate this journey would be very much appreciated.

[CR001]

a) Whats the current status of my ILR? How long will it remain valid? Whats the best way for the family to return back to the UK? Is it better for me to first establish residence in UK and then apply for the family's visa from UK or should the entire family apply in from abroad demonstrating the intention to return back to UK as family? Are their any specific requirements (income, housing etc.) for this?

How frequent were your visits and how long did you stay each time?? Important to note that visiting over an extended period of time does not necessarily maintain your ilr status. Ilr requires residence, ie present and settled, to be maintained. It is only indefinite if you remain in the UK without being absent for 2 or more years.

b) Whats the path to naturalisation for me? ILR/naturalisation for my wife?

For you,5 years residence immediately preceding the date of application and meeting the absence limit and the physically present at the start of the 5 years qualifying period. For your wife, 5 years on limited leave to remain and then ilr and then British citizenship.

c) Are my two non-Citizen children eligible for UK Citizenship? If not, whats their path to citizenship?

No they are not. They have Jo automatic entitlement if born abroad to an ilr holder. Their route will be the same as your spouse's, 2 X 2.5 year visas, assuming you have not lost your ilr.

d) Is Brexit going to have any negative/positive impact on the non-European migrants to UK?

No. It affects EU citizens and their family not UK immigration route migrants.

[AO]

I have been travelling to UK often - atleast 2-3 times a year. So, my ILR status seems to be intact. Last time I was in UK was a month back. But I do understand that there is a 10 year limit on this kind of coming and going(?) And I need to return back to complete my process?

You are suggesting that the immigration clocks for all of us wife, kids will restart for 5 years? Or not?

I read somewhere that I needed 3 years with 270 days of absence max to apply for naturalisation? Is that not correct?

Can you please suggest the specific form/guidance that would apply to me and my family?

Thanks.

[CR001]

I have been travelling to UK often - atleast 2-3 times a year. So, my ILR status seems to be intact. Last time I was in UK was a month back.

What were the durarion of your visits each time? What level of your estate is still in the UK?

But I do understand that there is a 10 year limit on this kind of coming and going(?) And I need to return back to complete my process?

Not sure what you are referring to about a 10buear thing and you have posted about this before and it was pointed out that your ilr letter likely said no such thing. I believe you are consuming different things completely as there is no such 10 year limit kind of thing. It is your ilr brp card that is valid for 10 years. This has nothing to do with absence. And complete what process exactly??

You are suggesting that the immigration clocks for all of us wife, kids will restart for 5 years? Or not?

For you, for citizenship yes as you were advised when you asked the same question back in 2012, there are absence limits and all absences count. Wife and non UK born kids yes it starts from scratch for them. Your wife's previous time in the UK is lost as she didn't hold ilr.
I read somewhere that I needed 3 years with 270 days of absence max to apply for naturalisation? Is that not correct?

Can you please suggest the specific form/guidance that would apply to me and my family?

She needs to meet the English A1 requirements and you need to meet the financial requirement and adequate accommodation.

https://www.gov.uk/uk-family-visa/partner-spouse

This all assuming you have not LL oat your ilr and been stamped in as a 6 months visitor at any point since you left and it is important to check this as if you were, it cancels your ilr status.

Thanks.
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