Entered the UK after 4 years of absence. Need advice!!!

Hi guys, entered the UK after 4 years of absence with no issues at all. Been back for over 2 years now but due to the new rules, i have to apply for a brp for work and not really sure of what to do because of the 2 years ilr lapse rule. What can i do??

ILR lapses after two years absence.
What did you enter the country with and how are you working just now?

I entered with my ilr in 2016 with no issues at all.
Now i'm looking for a job but i'm afraid of applying for a brp because i don't want the ilr to be revoked.
If it had lapsed, i shouldnt have been allowed in

Donakey111 wrote: ↑

Thu Nov 22, 2018 1:09 pm

I entered with my ilr in 2016 with no issues at all.
Now i'm looking for a job but i'm afraid of applying for a brp because i don't want the ilr to be revoked.
If it had lapsed, i shouldnt have been allowed in

Are you sure you weren't stamped in on entry as a visitor

No i wasn't. Just the normal entry stamp

Donakey111 wrote: ↑

Thu Nov 22, 2018 1:35 pm

No i wasn't. Just the normal entry stamp

What's a normal entry stamp?

If you were let in under your ILR that's terrible work by whoever looked at your passport. Really wish they would do their job properly.

Was let in under my ilr, guess i got lucky.I need advice on how to go about applying for a brp after a possible lapse or checking my immigration status and not how terrible people are at their jobs.

Donakey111

Why do you need BRP to get a job, the ILR vignette in your passport is sufficient.

Also, did you visit UK at any time during those four years? i.e. a quick visit?

johnhkg wrote: ↑

Thu Nov 22, 2018 5:04 pm

Donakey111

Why do you need BRP to get a job, the ILR vignette in your passport is sufficient.

Also, did you visit UK at any time during those four years? i.e. a quick visit?

ILR vignette is unfortunately no longer sufficient. The requirement to change to a brp card came into effect a couple of years ago.

I didn't but i've been back since '16 and my ilr is in an expired passport.Read a couple of threads here about people with similar issues who managed to get a brp. Not sure of what steps they took.

CR001 wrote: ↑

Thu Nov 22, 2018 5:07 pm

johnhkg wrote: ↑

Thu Nov 22, 2018 5:04 pm

Donakey111

Why do you need BRP to get a job, the ILR vignette in your passport is sufficient.

Also, did you visit UK at any time during those four years? i.e. a quick visit?

ILR vignette is unfortunately no longer sufficient. The requirement to change to a brp card came into effect a couple of years ago.

If ILR vignette is in a valid passport, BRP is not necessary.

https://www.gov.uk/biometric-residence-permits

It's in an expired passport

Donakey111 wrote: ↑

Fri Nov 23, 2018 12:28 pm

It's in an expired passport

Then you have no option but to apply for a BRP card and HO will likely expect to see evidence of UK residence for the last few years.

Do you know what kind of evidence i'll need?
Thanks

Donakey111 wrote: ↑

Fri Nov 23, 2018 12:35 pm

Do you know what kind of evidence i'll need?
Thanks

See page 16 in link below.

https://assets.publishing.service.gov.u ... 4.0ext.pdf

Donakey111 wrote: ↑

Thu Nov 22, 2018 10:21 am

Hi guys, entered the UK after 4 years of absence with no issues at all. Been back for over 2 years now but due to the new rules, i have to apply for a brp for work and not really sure of what to do because of the 2 years ilr lapse rule. What can i do??

Hi Donakey, I am in same Situation like you! Have you got your BRP? I am worry they revoke my ILE, then I have to leave my family here. Please update .

I haven't gotten it yet. Still trying to get more info. Have you taken any steps?

No, I am also try to get much information as possible.
I came back every year to visit my in-law, and hope it would maintain my ILE, but seems everybody assumshort visit doesn't reset the clock.

Was trying to get more information from someone else who'd successfully gotten a brp. Still hoping though

Donakey111 wrote: ↑

Thu Jan 03, 2019 7:41 pm

Was trying to get more information from someone else who'd successfully gotten a brp. Still hoping though

Please update me once you have that information.cheer

Stellacat wrote: ↑

Thu Jan 03, 2019 7:32 pm

No, I am also try to get much information as possible.
I came back every year to visit my in-law, and hope it would maintain my ILE, but seems everybody assumshort visit doesn't reset the clock.

It seems you and Donakey111 are not in the exact same situation if you have been visiting UK every year, which means you haven't been absent for over two years in one stretch. However, as you point out, if your visits are short and you have not maintained ties to the UK, it is possible for your ILE to be revoked. A few years ago I was also away helping a sick parent for almost two years. When I returned I was never questioned about my absence. As there is no "departure" stamp in passports when leaving UK it is difficult for UKVI officers to pick up on this. The acid test comes when you approach UKVI for something like a BRP or citizenship and they ask for evidence of your residence, addresses, etc in UK.

Hi johnhkg, as what you say I might use ILE come back to UK to live, but once I am seeking to get BRP or citizenship later, UKVI will still finger out that I haven't resident in UK for more than 2 years, they will reject my BRP/citizenship application and revoke the ILE?
It is looks like if I can get return resident visa is the best solution.

I am not an expert on these matters.

However, I would suggest that if you have been absent from UK for more than two years, you can expect UKVI to revoke your ILE/ILR if they find out. I have no knowledge of what UKVI do if the find out about your absence "years" after the event. However, the IO at your point of entry has the power to revoke your ILE/ILR on arrival. In that case you will only be granted a visitor visa to enter UK. On my last return to UK I was asked for the first time "how long have you been away from UK?" I was happy to be able to say "five weeks, sir."

Secondly, if you research "returning resident" requirements at gov.uk website you will see that there are very strict requirements to meet. These are subjective in my opinion and so there is no certainty that you will know in advance of applying that you qualify. Only you know what circumstances you can prove to apply under this category.

https://www.gov.uk/returning-resident-visa

Lastly, if you lose your ILE/ILR, there is the option to reapply for a spouse visa and start the process all over again. You'll have to be in your country of citizenship to do this, i.e. Hong Kong?

Here's a couple of other threads on this subject highlighting the problem of being out of UK for more than two years when on ILE/ILR:-

indefinite-leave-to-remain/got-returnin ... 20resident

indefinite-leave-to-remain/resident-ret ... t#p1672704

Donakey111 wrote: ↑

Thu Nov 22, 2018 5:16 pm

I didn't but i've been back since '16 and my ilr is in an expired passport.Read a couple of threads here about people with similar issues who managed to get a brp. Not sure of what steps they took.

Hi Donakey111, me again:) I tried to find threads here that people have similar issues like us but got BRP successfully, but the threads I found was no one updated their BRP application outcome. If you have saw the threads that they managed to get a brp, coukd you share the links for me ?