OUT OF COUNTRY ON ILR

HI ,
what is the rule if outside country for more than 2 years on ILR.

or you come for a week in between 2 years and left again..................

cheers guys

kkhan wrote:HI ,
what is the rule if outside country for more than 2 years on ILR.

or you come for a week in between 2 years and left again..................

cheers guys

The test is to maintain the UK as your home, being out for over two years would, I think, nullify it.

You must return to UK to "live here" within 2 years of travelling abroad to maintain your settled status (Immigration Rule 18). If you stay abroad for more than 2 years, your ILR is no longer valid and then you must apply for EC to enter UK.

If you stay abroad continuously for more than 2 years, you lose your settled status - unless you can prove that you have lived in UK for most of your life or have strong ties to UK (e.g. - family). (Immigration Rule 19).


regards

Hi,

First my story:

Arrived in UK in March 2004 on EC, upgraded that to LLR on 03/03/2006, and then to ILR on 21/07/2006. (spouse of national - married outside uk in 2003)

We decided to go to Australia (Uk national spouse's parents/whole family live in Australia), and have PR for Australia

Left UK 7 May 2008

We decided that Australia is not for us, and want to return.

If I can make it back before the 2 years period is up (7th May 2010) (thus having to leave my wife behind for a bit here in Australia to complete our selling, pets transport etc), will my ILR stay valid (with her not in the UK)?

I have heard it is possible that the immigration officers can deem it that I am not returning to stay in UK (my wife is still in Australia), and cancel my ILR on return. I may have to return before my wife does , as we would not be able to finish all our ties this side (selling, pets transport arrangements etc).

I phoned the local visa office at the high commission, and the guy there said that as long as I return, by the 7th May, all will be fine.....but is it possible he may be wrong?

Can I be refused my ILR upon returning? (they will see my Australian PR visa, as it is on the next page, and find my wife is still in Australia, thus showing that I still have strong ties with Australia)

sushdmehta wrote: If you stay abroad continuously for more than 2 years, you lose your settled status - unless you can prove that you have lived in UK for most of your life or have strong ties to UK (e.g. - family). (Immigration Rule 19).

Lets pretend I cannot make it back by the 7th May.....

Can someone clarify 'strong ties'?

If my wife is a british national, and she wants to live in the uk, does that qualify as 'strong ties', even if she herself is also returning?

I worked for the same company in the UK, all the time I lived there, and they continued to use my services as a software developer from Australia (they were my only income in Australia, but they are based only in the UK), and I return to work again at their offices in the UK.

Does that also qualify as part of 'strong ties'?

Is there a possibility I can reapply for ILR (direct) if I can't make it back by the 7th May?

Tia

lucasvs wrote:Can someone clarify 'strong ties'?

See IDI > Chapter 1 > Section 3: Returning residents and also IDI > Chapter 1 > Section 3 > Annex K: Exceptions to the two year rule

regards

sushdmehta wrote:

lucasvs wrote:Can someone clarify 'strong ties'?

See IDI > Chapter 1 > Section 3: Returning residents and also IDI > Chapter 1 > Section 3 > Annex K: Exceptions to the two year rule

regards

Thank you, those clarify things for me.