ILR Returning Resident - 2 years query

Hi all, I've read up quite a bit on this, but have a few queries which I can't find answers to, so if anyone can help or share similar experiences, that would be appreciated.

I received ILR in Sept 2010, and my British husband and I are considering working/travelling in Asia for 2 years (to keep within the ILR period). However, we will probably be coming back to the UK on and off for visits, though only for short periods.

My question is, even though we know that we'll try to keep to the 2-year period, how would we prove to the Immigration Officer when asked (during our short visits back) that we are intending to settle after the 2-year period, and that I'm not coming back just to maintain the ILR, as it could be viewed that way?

I ask this question because I've read on the forum that although technically, if I return to the UK within the 2-year period, the ILR should be OK, some people have had theirs revoked as the Immigration Officer was not convinced that they were intending to settle in the UK upon return.

How would we convince them that we do, but at the end of the 2 years?

Thanks.

misosoup wrote:Hi all, I've read up quite a bit on this, but have a few queries which I can't find answers to, so if anyone can help or share similar experiences, that would be appreciated.

I received ILR in Sept 2010, and my British husband and I are considering working/travelling in Asia for 2 years (to keep within the ILR period). However, we will probably be coming back to the UK on and off for visits, though only for short periods.

My question is, even though we know that we'll try to keep to the 2-year period, how would we prove to the Immigration Officer when asked (during our short visits back) that we are intending to settle after the 2-year period, and that I'm not coming back just to maintain the ILR, as it could be viewed that way?

I ask this question because I've read on the forum that although technically, if I return to the UK within the 2-year period, the ILR should be OK, some people have had theirs revoked as the Immigration Officer was not convinced that they were intending to settle in the UK upon return.

How would we convince them that we do, but at the end of the 2 years?

Thanks.

If you are married to a British Citizen, I though you can just apply for citizenship strightaway...

getting UK Passport would definately solve that problem.

Hi joh118,
Thanks for the quick reply. My country does not allow dual nationality which is why I'm not applying for British citizenship. Would you know or know someone who has had experience being out of the country for 2 years, with intermittent visits in between, and how they've convinced the Immigration Officer that they do intend to return in the 2-year period?
Thanks.

misosoup wrote:Hi joh118,
Thanks for the quick reply. My country does not allow dual nationality which is why I'm not applying for British citizenship. Would you know or know someone who has had experience being out of the country for 2 years, with intermittent visits in between, and how they've convinced the Immigration Officer that they do intend to return in the 2-year period?
Thanks.

i see. I don't think there is anyone who does that simply because its quite risky.

I quote from the ILR leaflet:
"You will not be re-admitted as a returning resident if you are resident overseas and only return here for short periods"

if you return for short periods like that, you are technically not a resident in the UK and you will be a "visitor". The moment that the immigration officer stamps a visitor leave to remain stamp, your ILR will no longer be valid.

you're taking a risk by doing that.

That was my conclusion too. Thanks for your comments.

"The moment that the immigration officer stamps a visitor leave to remain stamp, your ILR will no longer be valid."

Just out of curiosity from the above reply quoted from john, what is the difference between visitor stamp and ILR stamp.

I am thinking visitor stamp will include conditions and ILR will just be the arrival stamp same as for other residence permit. Is that right?

What if an immigration officer stamps a visitor conditions by mistake on Passport with ILR or residence permit probably never happen as questions are being asked on the desk and landing card filled.

x-ray wrote:"The moment that the immigration officer stamps a visitor leave to remain stamp, your ILR will no longer be valid."

Just out of curiosity from the above reply quoted from john, what is the difference between visitor stamp and ILR stamp.

I am thinking visitor stamp will include conditions and ILR will just be the arrival stamp same as for other residence permit. Is that right?

What if an immigration officer stamps a visitor conditions by mistake on Passport with ILR or residence permit probably never happen as questions are being asked on the desk and landing card filled.

When you return to UK from a short absence (eg holiday) on an ILR you will be given a standard stamp in your passport with the date and the port of entry.

However a visitor's visa stamp on arrival will still have the above described stamp but with another stamp saying "Leave to Enter for six months: employment and recourse to public funds prohibited"

an example: http://rpmedia.ask.com/ts?u=/wikipedia/ ... _entry.jpg

When you return, you should make it very clear that you have ILR by presenting the passport with the ILR stamp page open. if indeed the IO stamps it incorrectly by mistake, you must ask why!