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ILR-absence from country

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pk118
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India

ILR-absence from country

Post by pk118 » Mon Apr 12, 2021 1:35 pm

Hi

I have ILR but I am staying in India since 2nd June 2019 with my 9 year old daughter who has got British passport

I had plan to come back with my daughter to UK in 2020 but due to Covid I was hesitant to come
My daughter has got British passport and I am planning to come back to UK so that my ILR do not get cancelled
I was in UK from 28th march 2019 to 2nd June 2019 to get my daughter British passport renewed

1) If I come back next month what kind of questions I can expect?
2) How would I plan my accommodation. Not sure if I can book hotel accommodation (or self contained flats) if they are available or any other idea?
3) Covid cases are rising in India so not sure by the time I decide to travel ,India might get added to red country list. What would happen in this case and how lenient they would be with me if I pass the deadline date of 2nd June?

If someone can help me in planning then that would be really appreciated


Thanks
Neha

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zimba
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Re: ILR-absence from country

Post by zimba » Mon Apr 12, 2021 3:08 pm

No one can tell you what to expect. If you return, you are expected to return based on the view to settle. Border control will check that you are here to settle in the UK as a returning resident. Given that you return before the 24-month mark, you should be ok.

Guide: https://www.gov.uk/government/publicati ... -residents

I suggest returning as soon as you can to avoid any problems.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

pk118
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India

Re: ILR-absence from country

Post by pk118 » Mon Apr 12, 2021 4:09 pm

I got to know that self contained accommodation is now started in UK so if I book a self contained flat then would that be okay to show as address where I would live initially?
Also, if there is any guidance link on how to prepare for air travel to UK under current covid conditions

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zimba
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Re: ILR-absence from country

Post by zimba » Tue Apr 13, 2021 8:52 am

pk118 wrote:
Mon Apr 12, 2021 4:09 pm
I got to know that self contained accommodation is now started in UK so if I book a self contained flat then would that be okay to show as address where I would live initially?
Also, if there is any guidance link on how to prepare for air travel to UK under current covid conditions
You should not mix the rules for returning residents with COVID restrictions on arrival for passengers.

There is no requirement to show accommodation as a returning resident. I gave you the link to the guide for returning residents on what to expect from the rules.

Here is what you need to know before travelling to the UK regarding COVID, quarantine, etc: https://www.gov.uk/uk-border-control
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

pk118
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Re: ILR-absence from country

Post by pk118 » Fri Apr 16, 2021 9:11 am

Based on current COVID situation in India, India may be added to red-list as per https://metro.co.uk/2021/04/16/first-ca ... -14418472/
Its quite possible that I may not be able to visit UK before 24 months which is 2nd june 2021

Is there any official document/link which clarifies effect of COVID on cancellation rules for ILR?
Can I expect some flexibility/leniency on 24 months rule?

I am not feeling safe doing international travel in these conditions with 9 year old daughter and do not want to loose my ILR either when world gets bit normal

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zimba
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Re: ILR-absence from country

Post by zimba » Sat Apr 17, 2021 7:00 pm

You have been absent for nearly 24 months and that was before the pandemic. Your claim that you cannot simply return now is not a strong argument. You could have returned during all this time as nothing prevented you from returning. If your ILR lapses, you need to apply for a returning resident visa and prove that you have strong ties to the UK for your ILR to be reinstated

https://www.gov.uk/returning-resident-visa
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

manci
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Re: ILR-absence from country

Post by manci » Mon Apr 19, 2021 11:22 am

pk118 wrote:
Fri Apr 16, 2021 9:11 am
Is there any official document/link which clarifies effect of COVID on cancellation rules for ILR? Can I expect some flexibility/leniency on 24 months rule?
The following section was added to the returning residents guidance recently (Feb 2021):
https://assets.publishing.service.gov.u ... 3.0ext.pdf

Extended absence from the UK due to COVID-19 pandemic travel restrictions
Some applicants will have been prevented from returning to the UK in 2020 and
2021, due to travel restrictions in place relating to the COVID-19 pandemic. In some
cases this will have resulted in their indefinite leave lapsing.
You should consider whether travel restrictions after 24 January 2020 resulted in
unintended absences from the UK. Where you assess someone had intended to
return to the UK before their leave lapsed but were prevented from returning by
travel restrictions, you should consider this as an additional factor supporting a grant
of entry clearance
Personal opinion, not professional or legal advice

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