Visiting UK ILR

I have ILR since OCT 2014 and I have been working in USA since July 2015. I am still outside 2 year boundation limit. I am travelling to India via UK towards end of month. I have halt of 12 hours at heathrow london and I am planning to enter UK for about 10 hours, I suppose there should be no issues. But lately I have seen they ask, where you have been? and how long you have been away?..sort of things. I wonder why they ask so and what shall be appropriate response.
I am assuming they might also ask why I am here for just 8 hours.
However, I will be staying for about 10 days in London while return journey from India to US in march.
My question: shall there be any cause of concern for these short visits and do they have powers to not let me in or other problems due to actual residence in US since there rules keep changing.

Eventually I will return to UK permanently, but just for an additional year or so I will be in US.
thanks for you responses in advance.

rthaker wrote:But lately I have seen they ask, where you have been? and how long you have been away?..sort of things. I wonder why they ask so and what shall be appropriate response.
I am assuming they might also ask why I am here for just 8 hours.
However, I will be staying for about 10 days in London while return journey from India to US in march.
My question: shall there be any cause of concern for these short visits and do they have powers to not let me in or other problems due to actual residence in US since there rules keep changing.

Eventually I will return to UK permanently, but just for an additional year or so I will be in US.
thanks for you responses in advance.

The reason they would normally ask such questions would be to establish whether you still meet the terms of the leave that has been granted to you. In this instance that you are still settled in the UK and that you live here.

It all depends on how the IO perceives the length of stay you have been away and the reason for your visits back. If they see you as entering the UK as a visitor rather than someone returning home, there is always the possibility that they may permit you to enter as a visitor instead of as a settled person.

Based on what you have stated, from what I can see the honest answer to the reason for your frequent return trips would be work related. If you have already returned several times before this, then you probably already know the type of questions they would ask you.

Hi rthaker, as cs9tdg has mentioned if the IO feels you are only visiting the UK for a short time then he would admit you as a visitor for the period you may state verbally or on the Landing Card.

It would be best for you to state that you are a returning resident (As you are returning to the UK within the 2 Years of your last departure ) and on the Landing Card, "duration of stay in the UK " mention it as Returning Resident. If you state 10 days then you will be admitted accordingly.

Good Luck and all the best

Bear in mind that although you are within the 2 year absence, short visits to the UK can't be used to re-set your clock. This means that if you intend to spend another year in the US you may well lose your ILR once the 2 year period has been exceeded.

petervang wrote:Hi rthaker, as cs9tdg has mentioned if the IO feels you are only visiting the UK for a short time then he would admit you as a visitor for the period you may state verbally or on the Landing Card.

It would be best for you to state that you are a returning resident (As you are returning to the UK within the 2 Years of your last departure ) and on the Landing Card, "duration of stay in the UK " mention it as Returning Resident. If you state 10 days then you will be admitted accordingly.

Good Luck and all the best

Letting me entering as visitor? does it mean my ILR will be cancelled?

cs95tdg wrote:

rthaker wrote:But lately I have seen they ask, where you have been? and how long you have been away?..sort of things. I wonder why they ask so and what shall be appropriate response.
I am assuming they might also ask why I am here for just 8 hours.
However, I will be staying for about 10 days in London while return journey from India to US in march.
My question: shall there be any cause of concern for these short visits and do they have powers to not let me in or other problems due to actual residence in US since there rules keep changing.

Eventually I will return to UK permanently, but just for an additional year or so I will be in US.
thanks for you responses in advance.

The reason they would normally ask such questions would be to establish whether you still meet the terms of the leave that has been granted to you. In this instance that you are still settled in the UK and that you live here.

It all depends on how the IO perceives the length of stay you have been away and the reason for your visits back. If they see you as entering the UK as a visitor rather than someone returning home, there is always the possibility that they may permit you to enter as a visitor instead of as a settled person.

Based on what you have stated, from what I can see the honest answer to the reason for your frequent return trips would be work related. If you have already returned several times before this, then you probably already know the type of questions they would ask you.

Thank you for reply. Well this is first time I am going back since last June (when I took up Job in US). I have never been away so long before. Reason for this return is not official work (at least not linked to current job) but unofficial work (means linked to previous employer at Cambridge University with unfinished projects) and personal meetings including extension of my US visa for additional year. Also I wanted to keep UK connection alive by frequent visits. I thought returning permanently after longer stay outside (say 2 years) will be even harder if you haven't made frequent visits during your absence.

Do I have to state that I am working in US if asked where I work (my passport has US J-1 stamp). I primarily came to US because of family (my wife got a very prestigious fellowship for research (alzheimer's) in US for 2 years). I am researcher by myself and I work at Harvard as a non-permanent employee.

I was thinking to respond by saying that 1) I had to leave UK because of my further career training to increase prospect of better job (bring new expertise) in UK than what I had previously ( which is actually true) & 2) because of my family. I thought this should be reasonable justification, and I have full intention to return permanently, once my wifes fellowship ends.

thanks for help

Others can explain it better but brief visits into UK do not maintain ILR.

Once your 2 years is up you risk termination at the border (termination of ILR);
be aware the IOs do have that power.

Casa wrote:Bear in mind that although you are within the 2 year absence, short visits to the UK can't be used to re-set your clock. This means that if you intend to spend another year in the US you may well lose your ILR once the 2 year period has been exceeded.

...and to answer your earlier question, yes if you are permitted entry into the UK as a visitor it will nullify your ILR.

rthaker wrote:

cs95tdg wrote:The reason they would normally ask such questions would be to establish whether you still meet the terms of the leave that has been granted to you. In this instance that you are still settled in the UK and that you live here.

It all depends on how the IO perceives the length of stay you have been away and the reason for your visits back. If they see you as entering the UK as a visitor rather than someone returning home, there is always the possibility that they may permit you to enter as a visitor instead of as a settled person.

Based on what you have stated, from what I can see the honest answer to the reason for your frequent return trips would be work related. If you have already returned several times before this, then you probably already know the type of questions they would ask you.

Thank you for reply. Well this is first time I am going back since last June (when I took up Job in US). I have never been away so long before. Reason for this return is not official work (at least not linked to current job) but unofficial work (means linked to previous employer at Cambridge University with unfinished projects) and personal meetings including extension of my US visa for additional year. Also I wanted to keep UK connection alive by frequent visits. I thought returning permanently after longer stay outside (say 2 years) will be even harder if you haven't made frequent visits during your absence.

Do I have to state that I am working in US if asked where I work (my passport has US J-1 stamp). I primarily came to US because of family (my wife got a very prestigious fellowship for research (alzheimer's) in US for 2 years). I am researcher by myself and I work at Harvard as a non-permanent employee.

I was thinking to respond by saying that 1) I had to leave UK because of my further career training to increase prospect of better job (bring new expertise) in UK than what I had previously ( which is actually true) & 2) because of my family. I thought this should be reasonable justification, and I have full intention to return permanently, once my wifes fellowship ends.

thanks for help

While the reasons you have mentioned would be true, I'm not sure that an IO officer would be looking for a lengthy explanation or justification as to why you have been away. If a conversation arises, it would certainly not harm mentioning the above. Prior to naturalising earlier this year I did travel in and out of the UK for short holidays and sometime work over the 3 years I was a ILR holder. From memory I've been asked the same questions on most occasions - where I'm travelling in from, how long I've been away, and sometimes what I do for a living and where I work. I've never particularly had a lengthy conversation. But would presume that may be because none of my travel has ever been several months long.

As others here have suggested I'd agree that while the short visits to the UK would be good in terms of maintaining your connection to the UK they would not be seen as residence, hence would mean you would risk losing your ILR after the 2 years is up. Based on your US visa (J1) status I presume you are there as a dependent of your wife who is on a L1 visa or similar. If you do not have any other strong ties to the UK, then the option of applying for a returning resident visa after the 2 years would also be unlikely to succeed. FYI the link for that is below, for you see if it may be applicable to you. https://www.gov.uk/returning-resident-visa

petervang wrote:It would be best for you to state that you are a returning resident (As you are returning to the UK within the 2 Years of your last departure ) and on the Landing Card, "duration of stay in the UK " mention it as Returning Resident. If you state 10 days then you will be admitted accordingly.

Interesting point about the landing card. Personally I've never really filled anything related to how long I'm in the UK for on it when returning to the UK (other than when I was entering as a visitor in the past)- as I always felt it was a strange one to answer when you are on a non visitor type visa. I just completed my personal details & address - when entering as a student, work permit holder, skilled migrant and then ILR holder. But suspect that entering returning resident may be a useful way to maintain a written record of your reason for return travel - rather than the usual verbal questions & answers.

Interesting experiences that individuals may have faced but it would be in your best interest to maintain that UK is your main home and your main reason to be away for short time is work related (Though its by your personal choice and not as a result of a UK based company who has sent you abroad).

Normally the IO would initially ask you (Upon seeing your ILR /NTL) when did you last leave the UK, to establish that you have not been away for more than 2 years, secondly they would ask you, for how long are you here, your reply would be, you are a resident in the UK, or Permanently. As this would be stated on your Landing Card. This should suffice for the procedure.

If further questions arises then you have to give your explanation to the satisfaction that UK is your main home and you have not established permanent residence in the US or elsewhere.

If you intend to remain abroad for a continuous period of more than 2 years then you would lose your ILR.

Hopefully you would not have a problem. But I dont know about your initial stay in the UK for couple of hours entry would count within 2 years but then again your return to the UK hopefully, it is within the 2 years of your last departure and thereafter your last departure would be considered from the day you again leave from the UK. This is according to my understanding. Good Luck

If someone gets IRL after 5 years' residence in the UK, would it be a problem if they then (after getting ILR) spent several months each year outside of the UK? Or is it the case that unless under exceptional circumstances (eg if they are regularly and mainly outside the UK for most years) they can come and go from the UK under the IRL regime?

If there are still residency restrictions even when an ILR visa is given, would this not be a very good reason to take out UK citizenship? Presumably, they could then not worry about this issue?

Hello John Green, With ILR there would be no residential restrictions in the UK, but obviously if one has established residence elsewhere then it would be difficult to keep the ILR going. There are no restrictions for people visiting outside UK for short period.

As mentioned by you it would be best to apply for British Citizenship, if one qualifies. Thereafter one can remain abroad for as long as the like and return to the UK in and out at anytime. Some people avoid getting British Citizenship with fear of losing their original Nationality as many countries do not accept / allow dual Nationalities.