ILR and its 2 years rule

alice713 · Post by **alice713** » Sun Aug 02, 2015 9:49 am

Ive gained my ILR after 10 years in UK but due to family circumstances, I left for almost but less than two years.

Recently i came back to UK thinking i could save my ILR status if it is within 2 years and I had no trouble going through the immigration. However i only plan to stay here less than two weeks and now I find that short visits won't count.

Im now wondering if i should stay a little bit longer, but how long is 'a short visit'? and is it likely that if i try to re-enter next time, i will be loosing my ILR status because　my current visit won't break my 2 year absence?

Thanks in advance,
Alice

Casa · Post by **Casa** » Sun Aug 02, 2015 10:30 am

In order to retain your ILR you would need to show that the centre of your life is in the UK and you are resident here. The length of time isn't specific but depends on how much of your life is based in the UK and that you're not here as a visitor.
You're likely to be refused entry at any time if you are using your visa for short visits in order to break the 2 year absence. If you are permitted to enter for a limited period with a visitor stamp this will immediately invalidate your ILR status and a future application as a Returning Resident submitted outside of the UK may well be refused.
You're probably already aware of the following reason for refusal of entry:
The following categories do not qualify for admission under Paragraph 18 of HC 395: (Returning Resident)
- a person who is returning only for a limited period (eg. as a visitor) simply so as to show a period of residence here within 2 years of departure;

alice713 · Post by **alice713** » Sun Aug 02, 2015 10:45 am

Thanks casa for your quick reply.

So basically this time i was lucky but next time, if i only plan to stay for few weeks only just to retain its status, i may be refused?

Would i be too optimistic to think that now i have two more years to sort out my private life and come back to UK permanently?

Casa · Post by **Casa** » Sun Aug 02, 2015 10:53 am

You would have been permitted to enter this time as you returned before the 2 year cut-off point, but unfortunately a visit of a few weeks won't establish UK residency. This means that as far as retaining ILR is concerned, you haven't been able to re-set the clock. If you aren't in a position to settle now you will have to apply for a Returning Resident visa when you are ready to do so, but bear in mind that there are certain conditions regarding ties to the UK that will need to be met.
https://www.gov.uk/government/publicati ... nts-set-09

alice713 · Post by **alice713** » Sun Aug 02, 2015 11:32 am

Thanks again Casa.

So I have to settle now in order to retain my ILR. I could stay for few months but that is again different to becoming a resident i guess.

If i go back, and say come back to UK in 6 months time to finally live here forever, I would need to apply for a returning resident visa before i come back? Will it be almost certain that i will be coverted to a visitor at the entry if i do not apply?

I have spent more than half of my life in UK and i was educated here, but i have no family ties in uk and that is my worry...

Casa · Post by **Casa** » Sun Aug 02, 2015 12:03 pm

alice713 wrote:Thanks again Casa.

So I have to settle now in order to retain my ILR. I could stay for few months but that is again different to becoming a resident i guess. It would be difficult to prove residency.

If i go back, and say come back to UK in 6 months time to finally live here forever, I would need to apply for a returning resident visa before i come back? Will it be almost certain that i will be coverted to a visitor at the entry if i do not apply? There would be a high risk and would depend on how observant/diligent the border entry officer was.

I have spent more than half of my life in UK and i was educated here, but i have no family ties in uk and that is my worry... Read through the guidance carefully. The previous time spent in the UK may qualify you

alice713 · Post by **alice713** » Sun Aug 02, 2015 9:38 pm

Hi Casa,

Thank you so much for your kind advise. You've explained everything more clearly than anyone before. Ive got one more question about the below:

"If you are permitted to enter for a limited period with a visitor stamp this will immediately invalidate your ILR status and a future application as a Returning Resident submitted outside of the UK may well be refused"

Does it mean that i should apply for returning resident visa without risking to go back with my current ilr? If i get a visitor stamp, will it reduce the chance of getting a returning visa later?

Casa · Post by **Casa** » Sun Aug 02, 2015 9:45 pm

I believe that it would be wise to apply for a Returning Resident visa if you want to come back after the 2 year absence. A visitor stamp in your passport may well weaken your claim to residency.

vinny · Post by **vinny** » Mon Aug 03, 2015 12:40 am

See also Returning residents.

A visitor stamp (leave to enter for a limited period) would break your Returning residents status! Fortunately, the Immigration officer did not consider and admit you as a visitor this time.

Casa · Post by **Casa** » Mon Aug 03, 2015 8:00 am

Thanks Vinny. I had searched for your post where you expressed caution on this some time ago...but couldn't find it.

Wanderer · Post by **Wanderer** » Mon Aug 03, 2015 8:05 am

alice713 wrote:Ive gained my ILR after 10 years in UK but due to family circumstances, I left for almost but less than two years.

Recently i came back to UK thinking i could save my ILR status if it is within 2 years and I had no trouble going through the immigration. However i only plan to stay here less than two weeks and now I find that short visits won't count.

Im now wondering if i should stay a little bit longer, but how long is 'a short visit'? and is it likely that if i try to re-enter next time, i will be loosing my ILR status because　my current visit won't break my 2 year absence?

Thanks in advance,
Alice

Check you weren't admitted as a visitor, are you normally a non-visa national?

alice713 · Post by **alice713** » Tue Aug 04, 2015 9:16 pm

Im not a non visa national. How do you know its a visitor stamp or just a stamp? Sorry if im being stupid...

vinny · Post by **vinny** » Tue Aug 04, 2015 11:44 pm

A visitor stamp would have conditions attached, e.g.:

.

adam1010 · Post by **adam1010** » Wed Dec 07, 2016 12:09 am

Can you please explain, how long my spouse allow absence from UK on gov site say 180 days per year
please let me know

This page tells you when absences will not break continuity when calculating if the
continuous period requirement has been met.
Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period. Any absences between the date of issue and entry to
the UK are considered an allowable absence. This period will count towards the 180 days
allowable absence in the relevant 12 month period. The applicant does not need to provide
evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the
UK in the continuous period calculation.

Casa · Post by **Casa** » Wed Dec 07, 2016 8:03 am

adam1010 wrote:Can you please explain, how long my spouse allow absence from UK on gov site say 180 days per year
please let me know

This page tells you when absences will not break continuity when calculating if the
continuous period requirement has been met.
Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period. Any absences between the date of issue and entry to
the UK are considered an allowable absence. This period will count towards the 180 days
allowable absence in the relevant 12 month period. The applicant does not need to provide
evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the
UK in the continuous period calculation.

Please continue in your other thread. Your question isn't relevant here and will cause confusion.
http://www.immigrationboards.com/indefi ... l#p1430053

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR and its 2 years rule

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