Has he lost his ILR Status, can he enter the UK?

[albertlekaj]

My Brother in Law ( kosovan aged 32 ) lived in the UK for 13 years, and had ILR status and biometric residence permit.

He Left the UK 2 and a half years ago to stay in Albania with his new born son.

He now wants to return to the UK 2 and a half years later.

I understand that if you have been way from the UK for over 2 years you may lose your ILR status and would need to complete a re-entry application which again i understand are usually declined.

He does not have employment in the UK nor a home and would be relying on state benefits if he can still enter. His Sister lives in the UK but no strong family ties as such.

Is there is a possibility that he could return and maintain his ILR Status.

Thanks very much in advance for any advice.

[vinny]

It may be difficult to return as a returning resident.

[albertlekaj]

Hi Vinny,

Many thanks for your reply, i had previously read those links and have now read them again. While they are quite clear I am just worried he may get into trouble when entering the UK.

He is not the sharpest knife in the drawer unfortunately.

He is adamant on returning, and i would like to know what the process may be on him entering. Would he have to declare anything, or would the ECO automatically know that he has been away for 2 and a half years? and question accordingly.

Again thanks for your guidance.

[Casa]

The Immigration Office may well spot the absence and stamp him in as a visitor...which will automatically void his ILR.

[albertlekaj]

Ah i see, so if they spot it he will have questions to answer or be automatically stamped in as a visitor.

If they do not spot it, does that mean his ILR status is intact?

[Wanderer]

Do Kosovans need a formal visit visa normally?

[albertlekaj]

I believe that normally they do yes. He has a British Travel document and Permanent residence card ILR though.

Does this make a difference?

[Wanderer]

I believe that normally they do yes. He has a British Travel document and Permanent residence card ILR though.

Does this make a difference?

Was trying to think how the IO's brain would work in this scenario.

1. Would he assume an ILR vingette and no visit visa would mean the entrant still resides in the UK?

2. Would an old ILR vignette and no stamps for 2.5 years set his spidey senses off?

3. He can't stamp him in as a visitor if a formal visit visa is normally requited so would that prompt him to dig deeper?

These are just brainfarts really, trying to second-guess an IO is like trying to plat sawdust....

[albertlekaj]

I see the train of thought, and i guess there are numerous things that might set his spidey senses off. Not least of all his last passport stamp was entering Belgium from Albania..

/sigh

[vinny]

It will probably be a question of luck.

[secret.simon]

He has a British Travel document

Is your brother a refugee? Or does he hold a British travel document in another right?

[albertlekaj]

Hi, His Residence permit says : Type of permit = Refugee setllement