Returning to the UK

[craigw1]

hi there
My wife and I are south africans. We arrived in the UK in December 1997. our kids were born in the UK in 1999 and 2001. We got ILR in 2001 and we got the kids UK passports. We then returned to South Africa.

We are now considering returning to the UK. On what basis should we apply ? returning resident ? parents of UK citizens ? please advise thanks

[pelen23]

hi there
My wife and I are south africans. We arrived in the UK in December 1997. our kids were born in the UK in 1999 and 2001. We got ILR in 2001 and we got the kids UK passports. We then returned to South Africa.

We are now considering returning to the UK. On what basis should we apply ? returning resident ? parents of UK citizens ? please advise thanks

Hi there,

I guess you return to the uk a resident but you need to contact british high commision and explain why you have been away for such a long time and you will be setting in the u.k for good. as far as i know you musntbe away from the country more than 2 yrs. have you not been to the uk since 2001?how come the kids got uk passport if you neither of E.U or British citizen.

Hope it helps

[Mr Rusty]

?how come the kids got uk passport if you neither of E.U or British citizen.

Because the parents had ILR when the kids were born.

I doubt whether a Returning Resident application would succeed after a 10-year absence. You may benefit from the "Zambrano" judgement which entitles you to be regarded as family members of EU citizen children. However, this may not be a straighforward application and you may wish to consult a suitably-qualified legal advisor.