Question regarding the "legal back door"

[pleasantreturn]

I want to preface this by stating loud and clear: I have no intention of doing anything criminal. I want to know my options within the legal framework of the law. My questions are, therefore, more directed at immigration lawyers who attempt to understand what is and is not possible within the law.

1. There is a legal entry "hole" in the UK which is the border between Ireland and the Northern Ireland. Going from Ireland to the UK this route avoids passport control legally. What this tells me is that there is no legal requirement when entering the UK for a passport holder of another country to willfully confront UK passport control. In other words, if I happen to enter the UK legally and no one checks my passport, I am not required to take myself to an immigration office and check in with them. Is this assumption on my part correct? Yes or No?

2. As a holder of indefinite leave to remain in the UK, I have been out of the country long enough to threaten my permanent residency status. I only recently learned that this status is falsely advertised as "permanent with indefinite leave to remain." It is actually a very conditional status that doesn't allow for changing circumstances or free movement. It's quite an authoritarian policy much like we still see practiced in Russia.

Furthermore, this status does not favor a resident's "strong ties" to another country: for instance, taking care of elderly parents in a country outside the UK who need attention in excess of the 2 years limit for being out of the country. Ironically, the home office doesn't care if your status changes (reason for issuing permanent status) as long as you remain in the country. Whether you pay taxes or sponge off the welfare state is all the same to them, so it seems. Only when you are outside the country for a lengthy period of time is this issue of interest to them. I had my own business in the UK and needed to leave often for work. This is one reason I didn't qualify for citizenship after 6 years living there. There is no allowance for this kind of free movement, which is a common characteristic of life in the modern, western world.

Now to my 2nd question. As far as I know, I have not had my residency revoked. As far as I know, my residency status is still valid, technically speaking. As far as I have read, it is up to the immigration officer I would confront to accept or deny my residency status. This being the case, wouldn't it behoove me not to confront passport control from a position of weakness (ie, returning at the border and confessing my current situation)? As there is a legal entry hole into the UK, wouldn't it be wiser to confront passport control from a position of power (ie, later after re-establishing myself in the country, working, paying tax, etc.). Yes or No?

As I have read and been told so far, immigration DOES have reason to revoke my status. This I know. However, as of now, the matter has not yet been decided. Yes or No?

I appreciate everyone's time and help with this and thank you in advance for whatever you can offer. I will also say that apart from maintaining friendships in the UK, I have maintained a bank account there and regular standing orders for rent on a room there. I have also been paying local council tax for this property. I have not been working, paying taxes, or using my national insurance number in my absence.

Thanks again.

[Mr Rusty]

The answer to your question 1. is 'No'.
It does seem to me that whilst you might be liable to have your Indefinite Leave revoked, it remains in force until it is - indeed this is specifically stated in the Immigration Rules thus:-
"Non-lapsing leave
20A. Leave to enter or remain in the United Kingdom will usually lapse on the holder going to a country or territory outside the common travel area. However, under article 13 of the Immigration (Leave to Enter and Remain) Order 2000 such leave will not lapse where it was given for a period exceeding six months or where it was conferred by means of an entry clearance (other than a visit visa)."

Your other questions could be more accurately answered if you would state your nationality, how long you have been out of the UK and whether you have close relatives in the UK.
If you intend to seek entry to the Republic of Ireland, you must bear in mind that an Irish IO may take a view on your admissability, and contact the UK if they have any doubts.

[mulderpf]

There is no requirement for you to take yourself to an immigration office if you are subject to immigration control when entering the country.

I think this is more of an opinion based question rather than fact, but yes, you would be better off from a position of power. That said, if you have been out of the UK for more than 2 years, you need to apply for entry clearance again. So technically that will not be a position of power. (Note, that entering via Ireland doesn't exempt you from this, it simply means that there's a chance of it not being detected). And correction, it's an entry clearance officer that would need to decide whether you still are eligible rather than an immigration officer.

The matter probably hasn't been "decided" actively, however, as I said above, you still need to apply again for entry clearance. Best to find out before travelling.

Just on another note: "this status does not favor a resident's strong ties to another country": that's the whole point. When you apply for settlement in the UK, you are saying you have strong ties to the UK and not another country. And you are right, whether you pay tax or take money from the government, you are doing it in the UK, not elsewhere. It's not ironic, it simply means that the policy prefers people who are in the UK to settle here than people who are not here.

There is also a difference between doing business overseas and doing your business overseas. From the sounds of it, if you had to leave for lengthy periods of time, you were actually working overseas rather than pure business travel. If you are out of the country for 6 months on "business", where are you living, certainly not in the UK. However, if you are out of the country for two days, you still have to maintain your life in the UK. It's the same thing, but with differences.

[pleasantreturn]

First of all, I sincerely appreciate the advice given so far. As I suspected, it will likely be an uphill battle ahead of me if I decide to return, and perhaps a battle not worth fighting.

I was issued the residency permit by way of my first marriage (now divorced). I'm a U.S. citizen. My great grandmother was from Bristol and on my father's side, Ulster Scots last living in Northern Ireland (pre 1850s). I understand that there is no right of return for "native DNA" in the UK.

My grandfather actually made it back to his mother's birth place just before he died. It was the first time in all his 94 years that he left the U.S. and it was the most powerful, happy, teary eyed, spiritual trip of his life. It's a pity we can't do more to encourage a more open border policy for all of us with family connections on both sides of the pond.

The point I was making about strong ties to other countries is that most immigrants today continue to maintain strong ties in their native countries. From a human point of view, I think all people understand that reality. It almost goes without saying. Unless we happen to be refugees from a third world or war torn country, most of us don't bring our parents and siblings along with us.

From an immigration point of view, there seems to be is a complete denial of this reality in both the UK and the USA, evidenced by similar policies discouraging free movement of non naturalized citizens. I understand that you need to be a citizen in order to vote, but I don't understand why you have to be a citizen to come and go as you please.

On this last point, I just wanted to contribute my 2 cents. I understand that I only have myself to blame for not remaining in the UK long enough to gain citizenship at the time. I was younger then and not thinking ahead as I should have.

Just to clarify about the re-entry permit: I am legally responsible to obtain this, or am I just encouraged to obtain it in order to avoid denial of entry from passport control? I also want to state that the old permanent residency stamp is in an old passport. Presumably, I will not need to show this when entering Ireland, a country that has no interest in my status in the UK...?

I will process all of the advice so far before asking anything else. Thanks again!