Time spent outside the UK after ILR approval

I have recently been granted ILR. My question is to do with how long I can now spend outside the UK without incurring the wrath of the UKBA?

My wife and I are both retired and plan on doing a lot of travelling both in and outside the UK over the next few years. At the end of our travel, we intend to settle in the UK and then seek citizenship.

I am aware that the "rules" require that I do not remain outside the UK for more than two years on any one occasion. Under no circumstance will we be outside of the UK for anywhere near that time but we may well be travelling for six to nine months at a time followed by a couple of months back at our home in the UK (which we own) and then another nine months travelling, etc, etc.

I would appreciate the views of the experts about how this will be looked upon by the UK immigration authorities?

Thanks

2 years, see https://www.gov.uk/returning-resident-visa

Thanks Amber. Notwithstanding the two year rule, I assume that if someone was to be out of the country for two years, then return to the UK before leaving again the following day for another two year period and continued this process for several years, the UKBA might well challenge him or her, despite the fact that they met the formal requirements. Would you agree?

If that is the case, from your experience do you have a view about what they might consider to be 'reasonable' absences?

It will only work once, you must return with the intention to settle.

So how do you decide what is going to be acceptable?

If I can't stay out of the country for two years, back in the UK for a day and repeat the process ad infinitum, how about if I stay out for 1 day, back in the UK for two years and repeat the process? Both extremes may be done with the intention to (eventually) settle.

In my case, we definitely intend to settle but we want to travel extensively before so doing which will mean something between the two extremes I set out above. We expect to do this for several years, e.g. nine months out, three month in.

If I'm going to get grief from the UKBA, I need to reconsider how we plan our lives.

I'd appreciate your thoughts.

They'll refuse you or allow entry perhaps as a visitor if you do that.

Please let me be clear about what you are saying.

If I spend, say, nine months out of the country and then return for a month or so before travelling again for a few months, are you saying that they'll refuse me entry or allow entry perhaps as a visitor??

If that is the case, that is truly scary and quite incredible!

Let me be more specific about my circumstances.

(1) We own our home in London in which we live.
(2) We are both retired and financially self sufficient.
(3) We have decided to settle in the UK.
(4) My wife has Right of Abode and I have ILR.
(5) We plan on travelling to various countries throughout the world on holidays, sometimes being out of the country for several months at a time.

Under these circumstances, surely we cannot be considered to have 'left' the UK in the sense that it is clearly meant in the UKVI documentation? WE are simply taking holidays outside the UK.

It can be considered as you left the uk. They dont care why you gone or where you gone to...

If you wont come back within 2 years your both visas will be canceled . Hope thats enough clear.

What i would suggest you is wait another 9 months and then leave the country so when you complete a full year after your ilr you can apply for citizenship.

Or

come back within 2 years at least for a week etc. Because you have to enter uk within 2 years...

I thought I had made it clear that I am talking about absences LESS THAN TWO YEARS! We will be gone for a few months and then return for a few months before leaving again for a few months.

Also, you are wrong to suggest that both our visas will be cancelled. As I said, my wife has right of abode, so they cannot cancel her visa, she doesn't have one.

Also, I cannot apply for citizenship one year after ILR approval. I have to wait three years.

For the benefit of anyone who may, in the future, seek an answer to this question, the following is a (part) response I received from UKVI in response to a question I raised with them.

Question: It is our intention to travel extensively on holidays throughout the world, sometimes remaining out of the UK for periods of up to twelve months at a time. Am I likely to counter any problems from an immigration perspective on my entry back into the UK?

Answer: With your ILR you are indeed able to stay out side the country for up to 2 years at a time but as long as you return to the UK within that time you should not have any problems with Immigration on your return.

Yes, but what the UKVI didn't tell you is that if you arrive back in the UK shortly before the 2 year period and then spend only a short time before leaving again, eventually they will consider that you are no longer settled. If they allow you to enter and stamp your visa as a visitor you will be unable to apply for a Returning Resident visa should this be necessary.
When you mention a 3 year wait for British Citizenship, you do realise that you only need to be legally resident for 3 years in total before you qualify for BC as long as you have been granted ILR at least 12 months previously? i.e you don't need to wait 3 years after ILR.

Thanks Casa, I appreciate your fulsome response. I understand the point you are making. In our case, we do not intend to stay out of the country for (almost) two years and then come back for a week or so before playing the game again and again. We are actually planning on a few (probably no more than three) medium term (around eight months) stays outside of the UK followed by a few months back in the UK before leaving again. We are seriously settled in the UK (with our own home) and we definitely intend to make it our home but, being retired, we also want to travel extensively before so doing. If you have a view on this approach, I would welcome it.

On your second issue, that of citizenship, as I understand it I have to wait three years before applying for naturalisation given that my wife is not a British citizen, she simply has the right of abode in the UK. If you think I am wrong on this one, I would again welcome your advice?

With apologies, I had misread your wife as having British Citizenship rather than Right of Abode. You need 5 years in total of legal residence and can apply 12 months after being granted ILR. How long have you spent in the UK so far and when were you issued with ILR? Bear in mind that if you start your travels before applying for BC (assuming you want to) you can't spend more than 90 days out of the UK in the 12 month period before you submit your application.

You should be fine to travel if you maintain your home in the UK and can show strong ties here.

Thanks Casa

Yes, that was my understanding as well. I've only been in the UK for two years so I still have another three years to go before I can apply for citizenship but, as I intend to spend a fair bit of that time out the UK, I realise that I will not be able to start counting for a while yet. I have actually developed a spreadsheet which keeps track of my comings and goings and how I'm doing against the maximum times I'm allowed to be out of the country.

The other aspect of my question is the one that is concerning me most. On one hand I can see the formal requirement, i.e. no more than two years at any one time. On the other hand, you and others are suggesting that my planned travel could cause a problem. I'm struggling to bring these two views together. We are settled in the UK and we're just taking longer holidays than most people are able to because our retirement allows us to do.

How am I expected to organise my life if I can't get any certainty about whether I am likely to be breaking any 'rule' or not? That is why I asked UKVI the question and received, what I believed, to be a fairly clear answer. But you suggest otherwise??

The estimated period of travel as posted won't be a problem. There would only be an issue (as mentioned previously) if you repeatedly stayed outside of the UK close to the 2 year period and left again after staying for a short visa. i.e visiting only to retain your ILR. You would in any case be able to show strong ties to the UK with continued ownership of property.
I envy you the freedom

thanks Casa, that's much appreciated. I'll now go and pack!

Can I carry the bags?

hi all
I got ILR in april2014 than i went pakistan where i got sick and had been on bed for five months and after recovery i came back to UK so total of 6 months I was out of UK I have the medical certificate with me , just wanted to ask when can I apply for naturalization in april or in aug-sept
thanks

Help please
thanks