ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR and two years

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

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
yana
Newly Registered
Posts: 2
Joined: Fri Jan 23, 2004 1:01 am

ILR and two years

Post by yana » Sun Mar 28, 2004 8:43 pm

Can anyone clarify when does the 2 years period start for ILR becoming invalid.

e.g. I ot ILR in Feb. I was out of the UK for 1+ month. Now I have rentered. I am planning to go out of th UK from Sept 2004 for 1 1 /2 years.

In that case will the two year clock start from the date I got ILR or when I entered the UK now or when I leave the UK in Sep 2004.

Dip
Newbie
Posts: 46
Joined: Tue Jul 16, 2002 1:01 am
Location: London

Post by Dip » Mon Mar 29, 2004 6:56 am

Yana,

On entry at any time after ILR, the immigration officer will check your residence for two years prior to date of latest entry. The period doesnt start from any particular date but is calculated backwards from the date of any entry into the United Kindgom.

So, in your case it will be two years prior to your return March 2006 (March 2004-March 2006). Since you will be incountry between March 2004-Sept 2004, you are fine.

Rgds
Dip

tvt
Senior Member
Posts: 526
Joined: Mon Jul 15, 2002 1:01 am
Location: London

Post by tvt » Mon Mar 29, 2004 2:46 pm

Strictly speaking, mere bi-annual trips to the UK will not be sufficient to maintain your ILR status. You have to convince the IO that you intend to settle in the UK.
-----------------------------------
<<<N. N. - G. N.>>>

yana
Newly Registered
Posts: 2
Joined: Fri Jan 23, 2004 1:01 am

Post by yana » Wed Mar 31, 2004 4:24 pm

Does it mean everytime I enter the UK - I have to convince the IO that I am entering for permanent settlelement. and therefore, does it mean in my case I should not at all visit until 2006 when I intend to return permanently ?

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Mar 31, 2004 4:47 pm

Yes every time you enter the UK the IO may/should ask you if you are returning on a permanent basis and verify you have not been away from the UK for longer than 2 years. Problems arise where IO asks about your length of absence from the UK and decides that further investigation of your circumstances is required. Can you not wait for a few months and apply for naturalisation. You can then leave and re-enter the UK at your will - I presume there may be dual nationality complexities. Note that the absences will impact on future residence requirements for naturalisation and you may have to live in the UK for a continuous stretch for a future naturalisation application - 3 yrs if spouse of a BC or 5 years if not.

stan
Newly Registered
Posts: 5
Joined: Sat Sep 29, 2001 1:01 am

Documents needed

Post by stan » Tue Apr 13, 2004 5:17 pm

Hi,

This topic is informative for me. Thanks. I am also on ILR and always quite concerned of not being let back in when I go away on holiday. I am thinking of doing some short term work overseas.

Any advice on what documents should I carry/to prove myself if I really go overseas for a short term work for a year or two. If my contract overseas is more than 2 years, what should I do if I really want to keep my ILR and I can't apply for citizenship?

Stan :(

Dip
Newbie
Posts: 46
Joined: Tue Jul 16, 2002 1:01 am
Location: London

Post by Dip » Wed Apr 14, 2004 9:34 am

Stan,

Having property/Investments in the UK would help. Also if this is short term and you are leaving family behind, there should not be much trouble entering UK. Note that if you live overseas for over 2 years, you can always apply for returning residents permit although I am not sure how easy that would be.

Rgds
Dip

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Wed Apr 14, 2004 8:54 pm

If you have ILR, never ever stay outside the UK more than 729 days = (2years - 1 day) unless you would like to lose it :cry:

Yes you can apply for a returning resident if you have stayed abroad for more than 2 years but:

Application for a returning resident is difficult. Appeals are usually dismissed.

Please refer to immigration rules 18 & 19

Locked
cron