Permanant Leave To Remain ,u K ,

[thaimate]

my wife and son lived in the Uk with me for many years but 3 years ago we came to live in Thailand,they both have permanant leave to remain in the UK but i read that if you leave for over 2 years without good reason you lose this .

however their "good reason" is they are with me .

my question is does anyone know if they need to do anything when we all go back together for a holiday.

thanks

[Eff1n2ret]

If they have "Indefinite Leave to Remain" stamped in their passports, they don't need a visa to get on a plane to the UK.

However, they won't qualify on arrival as "Returning Residents" because (i) they've been away more than 2 years (ii) they're only coming for a visit. The "good reason" you mention doesn't exist - the Immigration Rules say this:-

"18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and

(ii) has not been away from the United Kingdom for more than 2 years; and

(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and

(iv) now seeks admission for the purpose of settlement.

19. A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life."

There are exceptions for fmaily members of diplomats, members of the armed forces, etc.

The instructions to Immigration Officers state quite clearly that where they encounter passengers in your family's situation, they are to be landed as visitors. So, no point in trying to bulls**t or talk your way round it, you'll only get grief. What it means is that for future trips they will have to get the appropriate visas, either for settlement or visit. That shouldn't be much of a problem, but obviously it will cost you.

[7by7]

Is your son your son or your step-son?

If he is your son then he should be entitled to a British passport.

If your wife and step-son, if that is what he is, were living in the UK for more than 3 years they could have obtained British citizenship, which would have avoided this problem. Too late for you, I know, but for anyone else reading this; remember that ILR is indefinite, not permament. It can lapse if you live outside the UK for 2 years or more. Citizenship, once granted, is for life; it cannot lapse.

I should add that both Thailand and the UK allow dual citizenship; so obtaining British citizenship will not affect one's Thai citizenship, or rights as a Thai citizen, in any way and vice versa.

Edited June 25, 2009 by 7by7

[thaimate]

Thanks for that ,yes they both lived in the U K for more than thre years and he is my step son ,his father was killed in an accident when he was 2.

we would only be returning for a holiday for 4 weeks staying with my daughter none of us want to return permanantly

being a cheap charley i was trying to get out of getting visas

[Eff1n2ret]

Just to be quite clear, for this first trip you shouldn't have to get visas. They can travel on the ILR endorsements, but the IO's decision when they arrive to grant them entry as visitors will have the effect of cancelling the ILR, so they would need to apply for visas on a future trip.