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ILR and BRP Confusion and how to reapply from outside UK

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amcgreevy
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ILR and BRP Confusion and how to reapply from outside UK

Post by amcgreevy » Wed Jun 09, 2021 1:39 pm

Hi all,
my ILR/BRP card has an expiry date of May 2023 and I am currently living in the UK but my husband has taken a job overseas (in the far east) and so we will be moving in the near future. I am aware that I should not be out of the courntry for more than two years at a time, so we will fly back into the UK each summer to effectively protect my ILR status.

My question is, are they both (ILR and BRP) intrinsically linked? Do I need to be in the UK for 6 months in 2023 to reapply for the Biometric card? What documents will I need (as I will have an overseas address at that point!) ... We intend returning to live in the UK in 3-5 years so, I do not want to lose my ILR status...

Any advice most welcome... very confused and stressed!
Thanks.

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zimba
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Re: ILR and BRP Confusion and how to reapply from outside UK

Post by zimba » Thu Jun 10, 2021 11:41 am

ILR is a status and it is granted to people who intend to settle and live here. A BRP simply is proof of such status. When the card expires, you simply get a new card (similar to what you do with your bank/credit card) Your status normally remains unchanged even if the card expires. A BRP card renewal application can only be made within the UK. You may have to demonstrate that you were normally resident and settled in the UK.

As you know, ILR status is lost if you are absent for 2 or more years from the UK. Short visits do NOT necessarily keep the status 'active' and your ILR can be revoked on arrival in the UK if the immigration officer suspects you are not 'settled' here any longer. When you leave the UK and return later, the border officer must ensure that you are eligible to be re-admitted as a 'returning resident' as per immigration rules

If you intend to live/settle outside the UK but you want to be able to return at some point in the future, you should instead aim for British citizenship first but I understand this is not possible for all.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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