My wife to renew ILR - Do I have to be in the UK as well?

[xarth]

Hello,

My wife has an ILR card, and the 2 years outside the UK will occur in August this year.
I am British, but I have a job in China, so it is hard for me to return to the UK as China is not accepting foreign nationals, which could mean losing my job. We also have a 2-year old son, who has Right of Abode.

Because our family would be separated (she returns to the UK and I stay in China), we need to know if there would be an exemption from her ILR lapsing because of this situation if she did not return to the UK.

I contacted the Coronavirus Immigration Team at the Home Office, but got redirected to the contact form for paid e-mail service. I did that and got contacts for the Coronavirus Immigration Team, and unclear web pages on the .gov website. It seems than no person is willing to provide advice.

Any guidance would be helpful.
Thank you.

[zimba]

If she stays more than 2 years outside the UK, her ILR status is lost. She has to apply for returning resident visa and if UKVI is convinced, her ILR status can be reinstated. Given the circumstances, I believe she will be able to get her ILR back if you all decide to return back to the UK.

[xarth]

Hello Zimba,

Thank you for your reply, which is encouraging. Hopefully the situation will improve and we'll be able to travel.

I did try replying a few times, but I was facing warnings about my account being spam.

[shma7780]

Hello All,
On the topic of returning resident to UK
My wife had ILR she was supposed to return to UK before 23 June 2020
somehow we missed the time frame
does it mean that she lost her ILR, do we have any concessions in this regard due to carona
we are scared that she may be asked to go back on next flight to India.
Any help on this topic or PM would be helpful

Thanks

[AmazonianX]

Hello All,
On the topic of returning resident to UK
My wife had ILR she was supposed to return to UK before 23 June 2020
somehow we missed the time frame
does it mean that she lost her ILR, do we have any concessions in this regard due to carona
we are scared that she may be asked to go back on next flight to India.
Any help on this topic or PM would be helpful

Thanks

There are unconfirmed talks about the thinking of HO on further concessions tied to missing chance of extension,stuck abroad etc due to covid-19 though no indication of conditions or criteria,

[CR001]

Hello All,
On the topic of returning resident to UK
My wife had ILR she was supposed to return to UK before 23 June 2020
somehow we missed the time frame
does it mean that she lost her ILR, do we have any concessions in this regard due to carona
we are scared that she may be asked to go back on next flight to India.
Any help on this topic or PM would be helpful

Thanks

There are unconfirmed talks about the thinking of HO on further concessions tied to missing chance of extension,stuck abroad etc due to covid-19 though no indication of conditions or criteria,

The op and this topic is about absence form the UK when you hold ilr and exceed two years, which is when ilr is typically lost. It isn't about visa extensions. There has been no change to this two year absence limit for ilr holders.

[AmazonianX]

Hello All,
On the topic of returning resident to UK
My wife had ILR she was supposed to return to UK before 23 June 2020
somehow we missed the time frame
does it mean that she lost her ILR, do we have any concessions in this regard due to carona
we are scared that she may be asked to go back on next flight to India.
Any help on this topic or PM would be helpful

Thanks

There are unconfirmed talks about the thinking of HO on further concessions tied to missing chance of extension,stuck abroad etc due to covid-19 though no indication of conditions or criteria,

The op and this topic is about absence form the UK when you hold ilr and exceed two years, which is when ilr is typically lost. It isn't about visa extensions. There has been no change to this two year absence limit for ilr holders.

Oh, Ok sorry.

[xarth]

Hello,

My wife needs to renew her ILR early next year, but we are abroad at this time.
As I understand, she has to apply from within the UK, but do I, a UK citizen, and our son, who has Right of Abode, have to be in the UK as well?

The only 'strong' tie to the UK in the UK is my mother, my wife can stay with her throughout the application process. I think my brother would not be considered to be a strong tie. We will want our son to have an English education in the future, so there is intention to resettle, albeit a long-term plan.

Thank you,

Lee

[zimba]

Hello,

My wife needs to renew her ILR early next year, but we are abroad at this time.
As I understand, she has to apply from within the UK, but do I, a UK citizen, and our son, who has Right of Abode, have to be in the UK as well?

The only 'strong' tie to the UK in the UK is my mother, my wife can stay with her throughout the application process. I think my brother would not be considered to be a strong tie. We will want our son to have an English education in the future, so there is intention to resettle, albeit a long-term plan.

Thank you,

Lee

There is no such thing as renewing ILR. ILR is a permanent status and cannot be renewed, it is either granted or lost/revoked.

If she has been outside the UK for more than 24 months her ILR status is lost. She gets the option to apply for returning resident visa to reinstate her ILR if she can prove she has strong ties to the UK. She has to apply from outside the UK. Obviously, if she is in the UK, then her ILR status is unaffected and so reinstating her ILR will be meaningless

You do not need to be in the UK to prove her ties to the Uk but if you are stationed outside the UK, then her claim to return is weaker.

The guide will tell you what to expect: https://www.gov.uk/government/publicati ... -residents
Apply here: https://www.gov.uk/returning-resident-visa

[xarth]

Hello Zimba,

Thanks for your reply and links. Perhaps I was confused and asked the wrong question.
My wife's Residence Permit card has a valid until date on it: 20th March 2022. She got to the UK last year to reinstate her ILR status. I understand that the BRP can only be renewed from inside the UK.

The information on the gov.uk site runs in circles from the guidance to the replacement service and back again, so I cannot find the required documents information nor requirements for BRP renewal purposes.

Thanks again,
Lee

[vinny]

Renew.

Replace an expired BRP

If you have indefinite leave to remain or enter
Use the BRP replacement service from within the UK.

[xarth]

Renew.

Replace an expired BRP

If you have indefinite leave to remain or enter
Use the BRP replacement service from within the UK.

Hello Vinny,

Thanks for that, but I have been to those links. The guidance page points to the BRP replacement service, and the BRP replacement service page links to the guidance for the documents, etc, but the required docs and requirements are not on any of those pages.

The BRP replacement service cannot be used now because my wife is not in the UK right now, but will go three months before the expiry date on the BRP.

Thanks again,
Lee

[zimba]

You cannot apply for a replacement BRP outside the UK. Instead, you’ll need to apply for a ‘replacement BRP visa’, which lets you re-enter the UK once only. It costs £154.

https://www.gov.uk/biometric-residence- ... en-damaged

[xarth]

You cannot apply for a replacement BRP outside the UK. Instead, you’ll need to apply for a ‘replacement BRP visa’, which lets you re-enter the UK once only. It costs £154.

https://www.gov.uk/biometric-residence- ... en-damaged

Hello Zima,

Thank you for your reply.
Yes, I understand that, but my wife will go back to the UK before the BRP expires, so she shouldn't need a replacement BRP visa for re-entry. My question was whether or not I need to be in the UK whilst she renews the BRP. The reason is that I have a job overseas, and she will come back here when she gets her new BRP. That's why I asked about strong ties to the UK; I would be a strong tie if in the UK at the same time as her.

All the best,
Lee

[zimba]

She does not need to prove her strong ties to the UK if her ILR is not lost and you do not need to be in the UK. You are mixing things up. This is simple case of renewing the card then

[xarth]

Thank you, Zimba.