Returning resident visa after submitted MN1 form

[zozuc]

Dear All,

I read many threads about visa problem after submitted MN1 form and travel outside UK. However, I am not sure about which visa is suitable to re-enter UK. Here is my situation.
My kids were born here and I applied MN1 and enrolled biometric for them already. I need to travel next month and I cannot wait for British passport. I call Home Office today and they said I need to apply "Returning Resident Visa" and kids cannot apply visitor visa. However, when I read information in website, I am not sure about that. Can you give me some advice about this problem?
https://www.gov.uk/returning-resident-visa

Thanks you very much.

[fwd079]

Dear All,

I read many threads about visa problem after submitted MN1 form and travel outside UK. However, I am not sure about which visa is suitable to re-enter UK. Here is my situation.
My kids were born here and I applied MN1 and enrolled biometric for them already. I need to travel next month and I cannot wait for British passport. I call Home Office today and they said I need to apply "Returning Resident Visa" and kids cannot apply visitor visa. However, when I read information in website, I am not sure about that. Can you give me some advice about this problem?
https://www.gov.uk/returning-resident-visa

Thanks you very much.

Home Office assumed this:

You need a Returning Resident visa to come back to live in the UK if you were previously settled (given ‘indefinite leave to enter or remain’) and you have either:

• lost your documentation
• been away for more than 2 years

So if your child was born here and do not have any kind of visas on their passport, then Home Office is correct. Otherwise you can get back to them and tell there is no visa on child's passport and you hadn't applied for ILR from inside the country.

[zozuc]

Hi, I have two kids. The first one has Tier 2 dependent visa expired next year and second one has no visa. Based on some previous threads, I think that for my first child does not need to apply visa. However, the second one needs to apply "Returning Resident Visa". Am I right? Thanks for your clarification.

[vinny]

Unfortunately, your non-British child isn't eligible as a Returning resident, as 18(i) fails.

However, non-British child may apply for ILE if born in the UK or parents are settled.

Moreover, when child becomes British, then child may apply for either a British passport or a CoE-RoA.

[zozuc]

Hi Vinny, I am confused now. I called Home Office again, paid some money and one lady said she did not know which visa kids can apply!!!! Can you explain me more about ILE form? I cannot find it in website? Is it the same with Set O? Besides, if you know email address of Home Office related this problem, please let me know. I will contact to ask more information. Thanks

[vinny]

There doesn't seem to be a specific form for a UK-born child, although there are applicable Immigration rules.

However, child may also apply for a settlement entry clearance and granted ILE, if the requirements are met.

[zozuc]

Hi, I just called Home Office again. This time one lady said that my kids can apply "Visitor Visa" to enter UK since they are foreigner (technically, they are not British yet)!!! I saw some threads mentioned about that and I believe it should be ok for them. I just need visa for them to get in Airplane! I will prepare some documents like Birth Certificate, Biometric letter from Home Office to support "Visitor Visa" application. I do not want to do settlement visa for them now since it is lot of money and long time to apply outside UK. What do you think?

[vinny]

As it's a cheap application, it may be worth trying.

Some visitor applications in a similar situation have been successful. Some succeeded, even when they should not have.

However, they may refuse if there is no intention of returning to home country at the completion of the visit.

[zozuc]

Hi Vinny, you have more experience than some people in Home Office, who I contacted with. This website provide me a lot of information from ILR, MN1 and British Passport. Thank you very much indeed for your advice.

[zozuc]

Dear All,

My kid applied MN1 form on May 2015. Due to family problem, we traveled outside country. In order to come back UK, I applied "Visitor Visa" for her, however, it was rejected. Therefore, I have to wait British Certificate registration. After I have certificate, I have two ideas to bring her back, however, I am not sure they are correct and which is better solution?

Option 1: Can she apply visa "Right of Abode" for her since she is British?

Option 2: Since she is not here, can I apply British passport and then ask my friend to bring it back for her to enter UK? Do I need to send original current foreign passport to make passport application?

I do not know what I should do now since timelines of MN1 form is terrible. If you have any solutions, please let me know. Thank you very much for your advice.

[vinny]

Moreover, when child becomes British, then child may apply for either a British passport or a CoE-RoA.

[kat1186]

Hello, I just wanted to get an update regarding your situation as I am in the same situation at the moment. Your experience may be able to help us.


Thank you