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Rules of absence ILR & PBS dependant

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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adi27
Junior Member
Posts: 63
Joined: Fri Apr 14, 2017 6:09 pm
India

Rules of absence ILR & PBS dependant

Post by adi27 » Mon Mar 15, 2021 1:39 pm

Hello,
My situation is as listed below:
  • I'm on ILR which is valid until mid of 2024. My family (wife and children) is on a PBS dependant VISA which is valid until end of 2022.
  • My family has been away from UK for 1.5 years and I've been away for almost an year continuously.
  • I have a dormant company registered in UK on my name. This was functional until recently but then lost work due to the pandemic. I've then been forced to find job elsewhere, but luckily I had the opportunity to work offshore for a UK client. I've agreed with the client to be able come back to and work from UK in future.
  • I might be a non UK tax payer for 2021-22
  • I had asked a question on 2 year rule of absence - here general-uk-immigration-forum/2-years-ab ... 13844.html). So, if I understand it correctly visiting UK just for a week's time before 2 years will automatically not reset the clock So, if we don't return to UK permanently before two year period, my ILR would lapse, isn't it?
  • We were to return to UK in 2020, but the lockdown forced the airlines to cancel the return flight tickets. And then with virus spreading across the world, we decided against any air travel
  • We were hoping to be able to return to UK next year (April/May) with an intention of settlement. However, not sure if waiting that long would have any impact on our re-entry to UK. I understand there is an option to apply for a re-entry to UK, but we would not be able to provide any supporting documentation on that except for my dormant company.I don't have any relatives/family ties here in UK. How to I prove that my intention of visit is for settlement?

I'm still confused with all the rules around this, but would it be correct to say that I'm left with only one of the two choices listed below ?
  • Dropping plans of a future UK return entirely
  • Leave the current overseas job and come back to UK as soon as possible with a hope of finding a job here
I'd appreciate any advice/suggestions in this matter.

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zimba
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Joined: Mon Aug 11, 2014 6:13 pm
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United Kingdom

Re: Rules of absence ILR & PBS dependant

Post by zimba » Mon Mar 15, 2021 1:46 pm

Continue your query in the thread you already have :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Rules of absence ILR & PBS dependant

Post by vinny » Mon Mar 15, 2021 2:06 pm

Please continue in your previous topic.
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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