ILE absent few years now apply BRP

I First entry UK on fiancée and then spouse visa at 2004 and lived in UK 2004-2006. Granted ILE at 2009 as I married British citizen and live abroad over 4 years. We lived in UK 2009 to 2011 with our two British children.
At 2011 we moved abroad for husband’s job. We still have a house in UK but only under husband’s name because he bought it long before we get married, husband also still paid his national insurance every year, we were thinking one day we will move back to UK permanently. I aware the 2 years rule before we left but thought even the ILE is lapsed, we still could apply ILE again like before as marry citizen and live oversea more than 4 years, but only found out later that home office have withdrawn this rule at 2012(2013)?
We came back to UK at 2013, 2015, 2016 for a short period to visit my in-law. After reading some threads that short visits doesn’t reset the 2 years absent clock. But we thought just give a try.

July 2017 we moved back to UK to settle.
Since I granted the ILE till most recently entered UK (Jun 2018) I used ILE which is in my old passport , I renewed my passport 2014 since then I carried the old and new passports to enter UK. Each time the ECO in Heathrow airport let me in and with a standard date stamp on my passport and write “VIPP” next to the stamp. My thoughts is they have acknowledged my ILE and I still maintain my ILE status.? I usually travelled a lot, there are a lot entry and exit stamps from different countries in my new and old passports, so it is very easy for ECO to finger out each time when I entry and leave UK. Also Every time I entry UK broader were with my family together, the ECO let me in as returning residents is satisfied I have strong tie in the UK?

We live in UK a year and a half now, we bought another house in joint names for our main living property, husband got a job and the children are happy in their new school. When I start looking to take employment I realized that I have to get a BRP card via NTL. I've had a look at the application for BRP and it asks for details of all absences from the UK exceeding 6 months. I am worried that my application for BRP will be rejected as I've been out of the country for so long. Also I am worried that UKVI will revoke my ILE.

After I searched some old threads here, people who have similar situation like me who Have ILR/ILE before leave UK, absented the country more than two years. Entry UK on ILR/ILE as returning resident with no condition. now seeking apply BRP but worry UKVI will reject it and unsure what's the statue now. Unfortually there are no updated for those threads, not knowing what's the result for the BRP application, are they got approved or rejected?

After reading the threads there some questions that I want to clear:
1, Most recently I entry UK I were given entry as a Returning Resident on ILE under Paragraph 18 or paragraph 19, is that mean my ILE is valid, my ILE status still maintain.? Can UKVI easily withdraw the decision that the ECO has granted me as returning resident and I have already been settle back in UK for a year and a half? If UKVI do revoke the ILE for the reason I was absent the country more than two years before, do I have the ground to flight for it?

2, Let's say if I do not want to take the risk that UKVI will revoke ILE. I am NOT going to apply BRP and assuming my ILE still valid, I keep remaining in UK for another two more years. If it is assuming that I meets the requirements for Citizenship, Do I eligible for naturalisation in 2020? For confirm my statue, an immigration record (SAR)is clear enough to confirm my statue? Do I need to worry the period I absent from Uk (2011-2017) would 'count' or could it be retrospectively deemed invalid by the UKVI in 2020?

I know this is quite a complicated case, but I'd really appreciate any advice, suggestions about what I should do.
Any information would be greatly appreciated.

Just a comment on naturalisation: You need to hold ILR for naturalisation - not sure whether ILE is equivalent and need to submit the BRP. Review the documents on https://www.gov.uk/government/publicati ... en-form-an.
Others may be able to comment on the other aspects of your scenario.

ILE is equivalent to ILR.

vinny wrote: ↑

Mon Jan 07, 2019 1:58 am

ILE is equivalent to ILR.

Thanks Vinny, could you share more your opinion for me please?

Hi, can someone help me move the post to ILR forum? Seems my post more related to ILR than general UK visa. It is first I start the topic, posted in general forum by mistake. Cheer

Stellacat,

Can you examine all of your trips since you obtained ILE and confirm if you were ever absent from the UK for a continuous period of more that two years?

Stellacat mentions ECO adding VIPP next to the entry stamp. I think this means "visa in previous passport" Anyone able to confirm?

johnhkg wrote: ↑

Tue Jan 08, 2019 12:19 pm

Stellacat,

Can you examine all of your trips since you obtained ILE and confirm if you were ever absent from the UK for a continuous period of more that two years?

Hi johnhkg, if all the short trips I went back to seeing my in-law counts, I haven’t absent more than two continuous years.

Stellacat wrote: ↑

Tue Jan 08, 2019 3:46 pm

johnhkg wrote: ↑

Tue Jan 08, 2019 12:19 pm

Stellacat,

Can you examine all of your trips since you obtained ILE and confirm if you were ever absent from the UK for a continuous period of more that two years?

Hi johnhkg, if all the short trips I went back to seeing my in-law counts, I haven’t absent more than two continuous years.

The Immigration Rules state the following:-

18. A person may resume their residence in the UK provided the Immigration Officer is satisfied that the person concerned:
(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii) has not been away from the United Kingdom for more than 2 years; and
(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
(iv) now seeks admission for the purpose of settlement.
18A. Those who qualify to resume their residence in accordance with paragraph 18 do not need a visa to enter the UK.


I am still unclear as to the exact circumstances of your various arrivals in UK and what conversation you had with the Immigration Officers. However, my understanding is that you continue to enjoy your ILE status.

It may help us understand some more about your case if you could attach some scans of your passport stamps.

I am not an expert in these matters, I'm just interested because I have in the past been absent from UK during my ILE for quite a long time, but less than two years. On returning to UK I was not asked any questions at all. Looking at my passport does not give any clue as to how long I had been away as there is no departure from UK stamp. I always make sure that I include the term "Indefinite" on my landing card where it asks for duration of stay.

I have read of another recent case on this forum where the ILR holder returned after FOUR years and was still allowed in. I take this to mean that the Immigration Officers do not always make thorough checks and therefore may admit people without appropriate entry clearance. What happens if they find out about the four-year absence later on is anybody's guess.

I have been on and off UK many times these years, I can’t remember every time what’s the conversation I have with the Immigration officer. That’s one I can remember is at 2017 when we were back for children school interview, intended to move back to settle. the officer asked me how long I have been out of UK, I told him 1 year( we backed at 2016 too), then the officer let me in. As I have some many entry & leave stamps form various counties, it is easy to point out when I have leave UK even without look at UK departure stamp. For the landing card, I can’t remember all what I have filled for the during of stay. But definitely there are one time I filled “two weeks”( very honestly). Maybe if I required a immigration record will help me to understand what’s statuses i have now?

What’s I understand is: if the ILR/ILE holder out of the UK less than 2 years, let in under paragraph 18, for those stay out more the 2 years , the ECO have discretionary right to grant them as returning residents under paragraph 19 as the ILR/ILE holder have strong ties in UK. The questions I have now if the ECO have use his discretionary right granted me as returning residents under paragraph 19, does UKVI withdraw the granted by absent uk more than 2 years?

I understand your concerns, but I do not have the answer to your question. I truly wish I could help you more.

johnhkg wrote: ↑

Tue Jan 08, 2019 8:27 pm

I understand your concerns, but I do not have the answer to your question. I truly wish I could help you more.

Thank you Johnhkg, even you don’t have the answer but you willing listen to me and try to help. It is really kind of you

Hi Stellacat,

Did you end up applying for a BRP and, if so, how did it go.

Cheers.