Returning Resident Visa Appeal - Timeline

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Returning Resident Visa Appeal - Timeline


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Old 1st May 2016, 07:26 PM
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I've decided to create this new thread as there is scarce information about RRVs and appeals on the internet. Of all my time scouring the internet I've only read a few success stories, so I thought this might be useful for those who may find themselves in a similar situation.

Applied: 20 November 2014

Rejected: 4 December 2014

Appealed: 18 December 2014

Paper Hearing: 18 June 2015

Appeal Allowed: 6 July 2015

Home Office Appealed

Court Hearing Upper Tribunal: 28 January 2016

Visa Issued: 10 March 2016


At the time we were at loggerheads on whether to appeal or start a fresh application, paying additional fees.

We couldn't comprehend at the time that Home Office can also appeal a judge's decision, which adds months to the outcome of the case.

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Old 1st May 2016, 10:41 PM
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Hope you had professional legal advisor to guide you.

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I am not a regulated immigration advisor so only giving my own view which should not be relied upon as advice. Sorry, but I have disabled my private and visitor message functions so you can't send me any. If you want advice, contact a registered immigration advisor: http://oisc.homeoffice.gov.uk/
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Old 2nd May 2016, 01:13 PM
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Actually, Joppa, we did not get legal advice because we believed our case was relatively straightforward and that proved to be the case.

Once you submit your statement and evidential documents before the court hearing the judge would have had time to consider these and the facts and make a decision based on that. We were barely there for 5 minutes when the judge threw the Home Office's case out. The Home Office representative was silent throughout the case and ended up apologising to us for wasting out time.

I just wonder how much of taxpayers' money is wasted on this.

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Old 3rd May 2016, 01:25 PM
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Thanks for the sharing! As I mentioned in your other thread, I think I will need to apply RRV in the further. Could you give me more details for your case? My husband think getting the RRV is easy, this is make me more worry about it.

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Old 4th May 2016, 08:06 AM
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Stellacat, I've reread your previous posts. You say you have ILE (Indefinite Leave to Enter), then if that is the case there is no need to apply for a returning resident visa as it does not expire, only cancelled if you have been away from the country for more than 2 years.

Your ILE is valid from 2009 - 2017? I find that quite bizarre as I'm led led to believe that Indefinite Leave to Enter UK entrance visas have a validity date of 2 years - effectively giving you up to 2 years to return and activate the visa. I'm not an immigration expert, but perhaps someone can confirm this?

As I requested from my earlier post, what exactly does it say on your visa vignette because that is what matters.

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Old 4th May 2016, 01:31 PM
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Kilmesaurus, Let me make it clear. I used the ILE enter UK 2009, so the ILE has already activated. I left UK at 2011, came back three times during this five years. (2011, 2013, 2015). Every time was within that 2 years gap.
The ILE expired at 2017 because my passport will expire at the same time. Actually, I renew my passport two years ago, last year when I went back the UK I carried new and old passport, the officer stamped on my new passport with written"VPP" on it.
The visa vignette :
Place of issue: New York
number of entries: Mult
type: visa settlement spouse/sp XXXXXX(my husband's name)
Obsrv.: indefinite leave to enter the UK

As some people advised, come back to uk for a short holiday every year is not enough to keep the ILE status. So in a few years time when we decide move back to UK for good, I might need to apply RRV.

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Old 4th May 2016, 04:22 PM
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As I mentioned before the ILE does not EXPIRE, the passport expires which happens to have the ILE in it. Indefinite means just that as long as you satisfy immigration conditions. As you pointed out you just carry the new passport with the vignette in the expired passport.

Each time you entered the UK what kind of questions did immigration ask you? I have heard of cases where people have had their ILR/ILE visas revoked inadvertently by Immigration control.

The moral of the story is that the onus is on you to make sure that your passport is stamped correctly by the authorities.

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Old 5th May 2016, 12:56 AM
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As far as I remember, each time the immigration didn't ask me any questions, maybe because I always traveled with my husband and children every time. Also maybe my passport have a lot of stamp from different country, they do not bother to check when was the latest date I left UK? Not Sure....
There is one thing I concern, if the immigration revoke the ILE, when I am going to move back to UK for good, could I still apply RRV? The requirement of RRV application is has ILE/ILR.

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Old 5th May 2016, 04:26 PM
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Quote:
Originally Posted by Stellacat View Post
Thanks for the sharing! As I mentioned in your other thread, I think I will need to apply RRV in the further. Could you give me more details for your case? My husband think getting the RRV is easy, this is make me more worry about it.
Before we applied I was thinking along the lines of your husband. If he thinks getting RRV is easy then he is in for a rude awakening! I've only read a handful of successful cases, and if I had known how difficult it is to get I wouldn't have applied and just gone the spousal route.

If you were to be unlucky enough to lose your ILE I strongly suggest you give yourselves ample time as mentioned before.

Here are the list of documents and letters we submitted in her name or joint names: UK University Degree; ILR Vignette in old passport; UK Bank Statements (Past to Present); Mortgage Statement; Inland Revenue Tax Return; Land Registry of Property; Children's British Passports; Letter from my Parents Offering Accommodation and Support if Needed; Rental Income from UK Property; Council Tax and Utility Bills Before She Left the UK; School Places for Children Confirmed; Marriage Certificate; Letter Explaining Your Ties to the UK and Why You Wish to Return; Letter from Family in the UK Confirming Ties.


You have to evidence ties to the UK, both past and present, showing that this is ongoing.

Still our application was rejected, despite the overwhelming evidence.

My advice is DON'T LOSE YOUR ILE/ILR status
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Old 5th June 2016, 04:28 PM
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Quote:
Originally Posted by Kilmesaurus View Post
Before we applied I was thinking along the lines of your husband. If he thinks getting RRV is easy then he is in for a rude awakening! I've only read a handful of successful cases, and if I had known how difficult it is to get I wouldn't have applied and just gone the spousal route.

If you were to be unlucky enough to lose your ILE I strongly suggest you give yourselves ample time as mentioned before.

Here are the list of documents and letters we submitted in her name or joint names: UK University Degree; ILR Vignette in old passport; UK Bank Statements (Past to Present); Mortgage Statement; Inland Revenue Tax Return; Land Registry of Property; Children's British Passports; Letter from my Parents Offering Accommodation and Support if Needed; Rental Income from UK Property; Council Tax and Utility Bills Before She Left the UK; School Places for Children Confirmed; Marriage Certificate; Letter Explaining Your Ties to the UK and Why You Wish to Return; Letter from Family in the UK Confirming Ties.


You have to evidence ties to the UK, both past and present, showing that this is ongoing.

Still our application was rejected, despite the overwhelming evidence.

My advice is DON'T LOSE YOUR ILE/ILR status
Thank you so much for your sharing and your advice.

I know the best way it is NOT to lose the ILE status, but in my situation, I could go back to the UK twice or three times per year when my children are in school holiday. I searched the UKBA website try to find out the requirement for how many days I need to stay in UK to keep the ILE/ILR status. It doesn't has clearly requirement written like when people apply citizenship they only could absent the UK for xxx days in 3 years and 90 days in the last year. If you know any source about this question, could you quote to me ?

I found some people asked UKBA, but there are no straight answer from UKBA.

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