Returning Resident refusal - Any more options?

[Inbritan]

Hi,

I am originally from China. I applied for ILR in 2011 via 5 years work visa route. My daughter (born in 2007) and my wife applied for family dependent visa in 2010 and joined me when I was applying for ILR in 2011. They have got ILR and returned back to China after staying in the UK for 1 month. They have been living in China since. I became a British Citizen in 2012 and have been living in the UK on my own.

I applied a returning resident visa for my daughter only in Jun 2018 (by myself) and got the refusal letter. I subsequently instructed a lawyer to request Administrative review and it was not successful. Extractions are as below:

"Your application was refused as you did not qualify under paragraph 18 of the Immigration Rules because you had been out of the UK for more than 2 years.

Because you did not qualify under paragraph 18 the ECO considered your application under paragraph 19 but was not satisfied that you met these criteria.

Having looked at your visa application and supporting documents I agree. You were awarded Indefinite Leave to Remain (ILR) on 28/01/2011 along with your mother & father. On, 10/02/2011, however, you returned to China with your mother and have been living there ever since.

Your father has remained in the UK and was awarded his British Nationality in 2012.

You have now applied as a Returning Resident, to re-join your father in the UK and study in the UK. Since you returned to China over 7 years ago, you have lived with your mother and have not applied to travel to the UK in this time. It is unclear why it is now that you have chosen to apply and return to the UK after 7 years in China. Given you only spent 1 month in the UK and have spent the last 7 years in China with your mother, it is unclear why this arrangement can’t continue. It is stated that you meet Paragraph 19 of the Immigration Rules as you have strong ties in the UK, however, you also have strong ties in China so again it is unclear why the current arrangements can’t continue."


I am wondering the chance for getting a returning resident successful by making a fresh application? If there is, on what grounds?

[cyclina1]

You can save money, this is impossible to success as the letter also explained very clearly.

If your daughter is under 18, she can still join you by dependent visa, however your wife has to join you together as well.

[Inbritan]

Understood, thank you.