Indefinite Leave to Remain - Validity and clock reset

Hello Forum,

I have ILR leave remain and as per my understanding if I stay more than 2 years outside UK at a stretch then will lose the permanent residency status .

Suppose I stay for few years outside UK for professional reason then how many days I need to stay in UK to reset the clock back to 2 years counting period. If I stay for 1-3 week in every 1.5 years then is it sufficient to keep my ILR valid ?

Thanks in Advance

Regards
Lin

No, as brief visits to the UK don't qualify as 'residence'.

IMO, ILR isn't technically a permanent status as many people think of it being so, whereas BC is.

What you need is to apply for British Citizenship and if you stay outside the UK for a number of years, you can always come back.

Casa wrote:No, as brief visits to the UK don't qualify as 'residence'.

How long is required to reset the clock - 3 to 4 months ?

Linchou wrote:

Casa wrote:No, as brief visits to the UK don't qualify as 'residence'.

How long is required to reset the clock - 3 to 4 months ?

I think the therm is 'an established presence' so that means an intention to stay permanently in my book. The IO will decide on the day and admit you as he sees fit, either returning resident or visitor. The visitor stamp will cancel ILR.

The IO will decide on the day and admit you as he sees fit, either returning resident or visitor. The visitor stamp will cancel ILR.

How can an IO cancels ILR? Once your ILR cancel, you don't have right to enter so how can you enter as visitor? Do they issue you a visitor visa? I have read somewhere (remember vaguely) that IO can't cancel ILR.

UKBALoveStory wrote:

The IO will decide on the day and admit you as he sees fit, either returning resident or visitor. The visitor stamp will cancel ILR.

How can an IO cancels ILR? Once your ILR cancel, you don't have right to enter so how can you enter as visitor? Do they issue you a visitor visa? I have read somewhere (remember vaguely) that IO can't cancel ILR.

I have seen instances of non-visa nationals being admitted as visitors thereby cancelling ILR, we don't know if the OP is such or a visa-national but even it possible to be admitted temporarily as a visitor for a short period at the IO/CIO's discretion.

Jeez, has nobody watched UK Border Force on Telly lol!

Linchou wrote:Hello Forum,

I have ILR leave remain and as per my understanding if I stay more than 2 years outside UK at a stretch then will lose the permanent residency status .

Suppose I stay for few years outside UK for professional reason then how many days I need to stay in UK to reset the clock back to 2 years counting period. If I stay for 1-3 week in every 1.5 years then is it sufficient to keep my ILR valid ?

Thanks in Advance

Regards
Lin

You simply have to be in the UK. The clock resets as soon as you leave again. I obtained ILR in 2004 and went back to South Africa to study. I returned for a couple weeks each year and simply told the immigration officer each time I came back to the UK and had no issues. As long as you come back within the 2 year period, you will be ok when you leave for another 2 years.

Linchou wrote:Hello Forum,

I have ILR leave remain and as per my understanding if I stay more than 2 years outside UK at a stretch then will lose the permanent residency status .

Suppose I stay for few years outside UK for professional reason then how many days I need to stay in UK to reset the clock back to 2 years counting period. If I stay for 1-3 week in every 1.5 years then is it sufficient to keep my ILR valid ?

Thanks in Advance

Regards
Lin

There is nothing concrete that will reset the clock. You would need to demonstrate that you are actually living and resident in the UK. Shorts trips for a couple of weeks every year or year and a half won't change this. There have been cases where people have had their ILR status changed to visit status as they had left the UK and living abroad.

There is nothing in black and white with regards to this issue and will be assessed on a case by case basis. The UK border will assess a person's travel history, time out of the UK, etc... and can come to the conclusion a particular person is now resident outside the UK, thus changing the ILR status when they next visit.

For a peace of mind, you really to apply for naturalisation (BC) to avoid this issue.