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Losing ILR

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agileflower
Newly Registered
Posts: 18
Joined: Tue Sep 04, 2007 2:14 am

Losing ILR

Post by agileflower » Tue Sep 04, 2007 2:30 am

Hi. Posted earlier on a different thread. I have had ILR for a bit but have been in the US checking out work/housing etc....and have been back/forth for a few months, being here for 4-5 weeks at a time. I really think I want to live in the UK.

DH wants to live in the US. Conflict!

If we were to live here for long enough, eventually I imagine they'd take my ILR from me for abandoning residence. I can't be a 'visitor' and keep my ILR, I see that they say I'd be considered a visitor if this was happening.......but do they then void my ILR right then and there?

Thanks!

Tracy

Christophe
Diamond Member
Posts: 1204
Joined: Tue Jul 04, 2006 5:54 pm

Post by Christophe » Tue Sep 04, 2007 7:48 am

Essentially, when you, as a person with ILR, return to the UK after a time abroad, the immigration officer has to be content that you are still resident (settled) in the UK and are returning to continue that residence (settled state). Normally, a period of 2 years or more away from the UK is taken as a cut-off point after which it is considered that residency is not maintained. However, that is not a hard-and-fast rule: it is possible (although in practice it must be relatively unusual) to lose ILR after shorter periods away if you are no longer living in the UK - so you can't, in theory at least and increasingly probably in practice, maintain ILR by making short visits to the UK every year or two - and it is possible to retain ILR even if you are away for longer than 2 years in certain circumstances (although in such cases pre-entry clearance may be required).

If the immigration officer at the point of entry is not satisfied that you are still resident in the UK, then yes, the ILR can be revoked there and then.

The immigration rules can be consulted on-line; the most relevant part says:
Returning Residents
18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and

(ii) has not been away from the United Kingdom for more than 2 years; and

(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and

(iv) now seeks admission for the purpose of settlement.

19. A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.

19A. Where a person who has indefinite leave to enter or remain in the United Kingdom accompanies, on a tour of duty abroad, a spouse, civil partner, unmarried partner or same-sex partner who is a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service, or a comparable United Kingdom-based staff member of the British Council, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, sub-paragraphs (ii) and (iii) of paragraph 18 shall not apply.

agileflower
Newly Registered
Posts: 18
Joined: Tue Sep 04, 2007 2:14 am

Post by agileflower » Fri Sep 07, 2007 11:41 am

Thank you very much. I guess the key part is the 'returned for purposes of settlement' ! Thank you!

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