Immigrationboards.com

Hi there,
My wife has held ILR since 2010. We've left the country as I've been given a job abroad.
Just wanted to clarify...
If my wife wants to keep her ILR status, is it as simple as making sure we visit the UK at least once ever two years? Or does it not permit such visits if you've moved abroad?
If that is the case, is there a way around this? Such as not writing a return date on your landing card, or stating that you are coming back to reside (but then not doing?).
I'd be grateful for some clarification, as the government website is (not surprisingly) extremely vague on the matter.
Thanks in advance,
J

Hi there,
My wife has held ILR since 2010. We've left the country as I've been given a job abroad.
Just wanted to clarify...
If my wife wants to keep her ILR status, is it as simple as making sure we visit the UK at least once ever two years? Or does it not permit such visits if you've moved abroad?
If that is the case, is there a way around this? Such as not writing a return date on your landing card, or stating that you are coming back to reside (but then not doing?).
I'd be grateful for some clarification, as the government website is (not surprisingly) extremely vague on the matter.
Thanks in advance,
J

To my knowledge this is a matter of luck
I have seen one of my friend returning after 2yrs 3 months and he was not asked a single question in the immigration desk.
However the rule does dictate that if a person lives outside of UK for more than 2yrs then ILR is in trouble. The person can always come back by applying for a returning residents visa.

the best workaround is to stay for an year more and naturalise. There is no other workaround IMHO but someone else in this group may have better ideas.

Brief visits won't qualify as continuing residence.

As mentioned, visiting the UK does not count.

The whole point of ILR is that you intend to live and reside in the UK, not abroad. Of course each case is based on it own individual merits and it will take the border staff to look at your travel plans and see the time spent in and out of the UK to decide on the course of action.

Yes, there is a way around this and that is to obtain British Citizenship and then you can spend as much time as you wish outside of the UK and return of your own leisure without any issues.

Thanks for the information.
The problem with citizenship is that my wife's country doesn't allow dual nationality - so to get British citizenship, she'd have to give up her own nationality (which would also negate my residence and work in her country, where we are now).
A tricky one...

I spent a long time looking for advice on this topic. I couldn't find a definite answer but I can now talk from personal experience. I've successfully got a returning resident visa. I'd been living out of the country for just over two years (missed the deadline by a few months would have been so much easier if I'd come back in before) so couldn't have come back as a permanent resident. It wasn't the easiest thing to get but my children are dual citizens so I think that is what swung it.