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Help - Re-entry to UK with Right of Abode

General UK immigration & work permits; don't post job search or family related topics!

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MeaghanM
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Posts: 2
Joined: Thu Oct 16, 2008 1:12 pm

Help - Re-entry to UK with Right of Abode

Post by MeaghanM » Thu Oct 16, 2008 1:19 pm

Hi everyone,

I'm hoping you can help. I a Canadian with Right of Abode to the UK, however for the last six months have been living in the Cayman Islands.

My husband is British and we are going back to the UK to visit family for 10 days - I have read the paperwork and my understanding is that my Right of Abode doesn't lapse unless I have been out of the UK for two years or more.

I'm wondering if anyone has any experience with this, and if you think Immigration are going to give me any trouble, as they normally ask lots of questions even before when I was just coming back from a hol!

Should I indicate to the immigration officials that we're intending on returning permanently before the end of the 2 year limit, or should I just keep my mouth shut?

Any help would be greatly appreciated!

Thank you,

Meaghan

paulp
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Posts: 1071
Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Thu Oct 16, 2008 1:53 pm

Do you have a Right of Abode (which doesn't lapse after two years abroad) or Indefinite Leave to Remain (which does lapse after two years abroad subject to certain exceptions).

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

Re: Help - Re-entry to UK with Right of Abode

Post by Christophe » Thu Oct 16, 2008 1:56 pm

If you have the right of abode (as opposed to indefinite leave to remain) in the UK, then your right to enter the UK doesn't lapse at all. Moreover, the immigration officers shouldn't be asking you questions of an immigration nature, since you have the right to enter and the live in the UK as if you were a British citizen. You can pass through the British passport holders' gate at ports of entry, and your passport won't be endorsed with an entry date stamp.

Is there a certificate of entitlement to the right of abode in your current passport?

MeaghanM
Newly Registered
Posts: 2
Joined: Thu Oct 16, 2008 1:12 pm

Re: Help - Re-entry to UK with Right of Abode

Post by MeaghanM » Thu Oct 16, 2008 10:33 pm

I apologise all - I get the two confused.

I actually had Indefinite Leave to Remain - this is the one with the two year limit, isn't it?

we genuinely don't know when we'll be retuning to the UK permanently, although we do intend on doing this at some point.

I really appreciate your help so far!

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Oct 17, 2008 12:46 am

Returning residents wrote:However, a person returning temporarily to the UK is not necessarily a visitor. For example many people have their home in the UK and may spend substantial periods overseas on short-term business contracts or for studies and return to the UK for only a short period during holidays. This will not disqualify a person from readmission as a returning resident, provided:

• he is normally resident in the UK; and
• at the time of his admission they consider the UK to be their permanent home, and
• he has not been away from the UK for more than 2 years and intends to return to the UK for settlement in the future.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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