Can ILR be taken away after 18 years?

Hi,

A question on behalf of my friend.

He granted an ILR in 97 based on spouse visa but after a divorced he didnt stayed in UK and moved back to pakistan. However he since than visiting UK every other year and on every visit he only stays here here few weeks and goes back.

Last time and this time at the UK airport, officer said 'you humiliated our visa and we will take it off;.

My question is, can ILR be finished from airport?

He never claimed any benefit nor has any bad records.

Will he get any ban?

Please can someone advise?

Thanks
J

jag20 wrote:Hi,

A question on behalf of my friend.

He granted an ILR in 97 based on spouse visa but after a divorced he didnt stayed in UK and moved back to pakistan.

...

Last time and this time at the UK airport, officer said 'you humiliated our visa and we will take it off;.

My question is, can ILR be finished from airport?

...

Please can someone advise?

Thanks
J

Only as per the rules, and here they are:
https://www.gov.uk/government/uploads/s ... eleave.pdf

The answer is YES.

Absence outside of the UK for more than 2 years, with only brief visits to the UK will invalidate ILR...which is exactly what has happened. He will only be able to enter the UK in the future by applying for a visitor visa now that his ILR status has been revoked.

ILR signifies that you have "settled status" in the UK, in other words, that the "center of your life" is in the UK (I'm borrowing language from the EEA Regulations and the Surinder Singh route, but it expresses quite clearly what is meant in this case).

By his conduct, your friend has demonstrated that that is not the case. The IO has the authority to revoke the ILR if it seems that either it was incorrectly issued or that the reason for its issuance have ceased. Your friend is not settled in the UK and therefore his ILR can be revoked.

Did the IO issue any documentation that his ILR is definitely revoked or was it just a warning message that that could be done? If it is not revoked, get your friend to settle in the UK, get British citizenship and then he can stay out as often as he wants to.

In addition to secret.simon's post...did the Immigration Officer stamp his passport as a visitor? If so, he will have no chance of re-entering on his ILR visa even if it wasn't revoked on entry this time.

To be honest, am surprised it took them 18 years!

Casa wrote:Absence outside of the UK for more than 2 years, with only brief visits to the UK will invalidate ILR...which is exactly what has happened. He will only be able to enter the UK in the future by applying for a visitor visa now that his ILR status has been revoked.

Hi Casa, do you know if the "2 years absence rule" is for the total period of staying outside over many years or does it only apply if was continous? In other words, one stays abroad for 6 months every year in 4 years (2 years total) will his ILR be revoked?

hamalt66 wrote:

Casa wrote:Absence outside of the UK for more than 2 years, with only brief visits to the UK will invalidate ILR...which is exactly what has happened. He will only be able to enter the UK in the future by applying for a visitor visa now that his ILR status has been revoked.

Hi Casa, do you know if the "2 years absence rule" is for the total period of staying outside over many years or does it only apply if was continous? In other words, one stays abroad for 6 months every year in 4 years (2 years total) will his ILR be revoked?

It is 2 continuous years of absence.

Also, kindly refrain from digging up topics that are from 2015.

CR001 wrote:

hamalt66 wrote:

Casa wrote:Absence outside of the UK for more than 2 years, with only brief visits to the UK will invalidate ILR...which is exactly what has happened. He will only be able to enter the UK in the future by applying for a visitor visa now that his ILR status has been revoked.

Hi Casa, do you know if the "2 years absence rule" is for the total period of staying outside over many years or does it only apply if was continous? In other words, one stays abroad for 6 months every year in 4 years (2 years total) will his ILR be revoked?

It is 2 continuous years of absence.

Also, kindly refrain from digging up topics that are from 2015.

Thank you CR001 for answering my query.

And regarding the digging of older posts. I was under the impression that you guys don't like people starting new posts of topics that have been posted before, as I was told off once last year because I asked a question without searching the forum... So I am puzzled now and not sure what's the best approach here when I have a question?

See response to similar question earlier.

hamalt66 wrote:Thank you CR001 for answering my query.

And regarding the digging of older posts. I was under the impression that you guys don't like people starting new posts of topics that have been posted before, as I was told off once last year because I asked a question without searching the forum... So I am puzzled now and not sure what's the best approach here when I have a question?

If you read the forum T&Cs, you will see it is tagging onto other members topics to ask your own question that we prefer does not happen as it creates confusion and is unfair to OPs. When it is certain types of questions that has been asked 100's of times and very clearly stated in the relevant guidance notes, as is the case in Tier 1 Ent and Tier 2 G sub forums, we advised members to search as the answers have likely been repeated so many times.

It is also not appropriate to dig up old/older threads as often the rules have changed/members have left/info is outdated and it clutters the forum with the current topics for advice.

It is preferable if members start their own topic with specific questions based on their circumstances. There often is not a 'one size fits all' answer as it is purely based on the member posting their situation.

I think the best option may be to

a) Do your research on these forums.
b) Create your own thread.
c) Link to similar threads in your own post if you are referencing very similar concepts/scenarios.

This forum is not just a message board, but also effectively an immigration policy repository, which keeps historical data. Given how often immigration rules change, it may be best to keep threads separate over time.

Thank you, CR001 and Simon.secret and your remarks now make sense. I apologise.

The policy is against opening multiple topic bearing the resemblance, we don't encourage hijacking of topic, or raising aged posts.

It is the case, as already alluded by another member, that it is best to see if your queries can be answered by existing topic, and if not to open yours.

But to open an ageing topic to tag your view or question, is not something that is welcomed.