Returning ILR

My mother and farther would like to move back to the UK from the US, where they've lived since the 80's. At the time, my mum had ILF (stamped in old passport, which she still has). My grandmother is getting too old to take care of herself and my uncle is disabled and requires as carer. The Returning ILR information just says 'significant ties to UK' during absence. Admittedly, the absence is large. However, they travelled to the UK almost every year since the move. And I've moved back 5 years ago.

My dad is concerned about not being approved for returning ILR and wants to just start a spousal visa. However, his pension income is from US and I'm not sure he will meet the £18,600 requirement!

What are the chances of approval for returning ILR; is this a particularly challenging application? What are the chances of approval after such a long absence?

My mother and farther would like to move back to the UK from the US, where they've lived since the 80's. At the time, my mum had ILF (stamped in old passport, which she still has). My grandmother is getting too old to take care of herself and my uncle is disabled and requires as carer. The Returning ILR information just says 'significant ties to UK' during absence. Admittedly, the absence is large. However, they travelled to the UK almost every year since the move. And I've moved back 5 years ago.

My dad is concerned about not being approved for returning ILR and wants to just start a spousal visa. However, his pension income is from US and I'm not sure he will meet the £18,600 requirement!

What are the chances of approval for returning ILR; is this a particularly challenging application? What are the chances of approval after such a long absence?

I have honestly no idea about the chance of approval but I feel that these circumstances are more compelling than most.
I think it might be worth a consult with Medivisas visa service in London to get their opinion.

US pension income does count towards the financial requirements for the spouse visa as does any savings over £16,000 so depending on their income and savings, that route would be open to them too.
They use the Oanda rate of exchange on the date of application to calculate if the requirement is met.

The Returning ILR information just says 'significant ties to UK' during absence. Admittedly, the absence is large. However, they travelled to the UK almost every year since the move. And I've moved back 5 years ago.


What are the chances of approval for returning ILR; is this a particularly challenging application? What are the chances of approval after such a long absence?

Have a read of the UKVI Retrurning residents staff guidance to see what her chances might be.
https://www.gov.uk/government/publications/returning-residents/returning-residents-accessible

They changed the law last month (12 April 2023)  as visiting used to be held against them.

" 1.3 Changes from last version of this guidance

Reflecting changes to the Immigration Rules to allow a person whose indefinite leave (settlement) has lapsed to apply to resume their settlement as a returning resident if they have subsequently returned to the UK as a visitor."


EDIT How quickly are they looking to move?

Returning residents

You should get a decision within 3 weeks once you attend your appointment at the visa application centre, if you are applying for a returning resident visa.

You may be able to get your visa faster or access other services depending on what country you’re in - check with your visa application centre.
https://www.gov.uk/guidance/visa-decision-waiting-times-applications-outside-the-uk#returning-residents



Fees

It costs £531 to apply.
https://www.gov.uk/returning-resident-visa

My grandmother is getting too old to take care of herself and my uncle is disabled and requires as carer.

In a previous post; when you were on welfare and needed to apply for FLR(M) for your wife, couldn't afford it and wanted to use the 10 year family route; you said you (both?) cared for these people as well as your disabled adult son. Check what you put in your application.

What are the chances of approval for returning ILR; is this a particularly challenging application?

Just to be clear, her ILR has long gone because she resided outside the UK for more than 2 years. What your mother can look at, is being granted ILE via Returning Resident, if she meets the criteria.

Been a while, and I know that some people may search to see the outcome. Originally, I was seeking opinions about how likely it was to apply for returning resident ILR. I received a lot of feedback from a few different sources, most were negative. However, I decide the opportunity was worth the cost. We filled out the app in early July and received an approval within 10 days. So, it wasn't much of a bother at all.

As a general rule, everything I bounce off of this sub is knocked down, yet I somehow always end up with an approval. I understand there is a bias towards tempering expectations. However, this could seriously stop people from applying and being approved for relatively straight forward apps. My mum's ILR was approved in less than a week.

Originally, I was seeking opinions about how likely it was to apply for returning resident ILR. I received a lot of feedback from a few different sources, most were negative. However, I decide the opportunity was worth the cost. We filled out the app in early July and received an approval within 10 days. So, it wasn't much of a bother at all.

Are you saying she applied for Returning Resident and got it; as  was suggested above?  The quote and link was given (above) and that does state it would be a quick response.

As a general rule, everything I bounce off of this sub is knocked down, yet I somehow always end up with an approval. I understand there is a bias towards tempering expectations. However, this could seriously stop people from applying and being approved for relatively straight forward apps. My mum's ILR was approved in less than a week.

I don't understand this. If she didn't apply for Returning Resident, then what did she apply for and have granted?

Applied to reinstate the ILR. Most said it was a long shot (not just this board), it was done and completed in less than a week.

Applied to reinstate the ILR. Most said it was a long shot (not just this board), it was done and completed in less than a week.

It's good to hear your update but as you seem to be stating that she didn't apply for Returning Resident as suggested above, what did she apply for? Would you put the link to the government site of what she applied for, as that will help others.