Keeping ILR While Being Away from the UK

loandbehold · Post by **loandbehold** » Fri Oct 15, 2021 4:49 pm

Hello everyone,

I got my ILR in April 2020 and left the UK in June that year. My understanding is that I can come back to the UK with the same rights as before until June 2022. I have two questions.

If I come back to the UK in May 2022 and spend a few days in the country, then leave - will I be able to come back to the UK until May 2024 with the same rights as before?

If the answer to the above question is no, how many days do I need to spend in the UK with what conditions in order to be able to be away from the UK for up to 2 years without losing ILR?

Many thanks for your help.

Post by **AmazonianX** » Fri Oct 15, 2021 5:15 pm

loandbehold wrote: ↑
Fri Oct 15, 2021 4:49 pm
Hello everyone,

I got my ILR in April 2020 and left the UK in June that year. My understanding is that I can come back to the UK with the same rights as before until June 2022. I have two questions.

If I come back to the UK in May 2022 and spend a few days in the country, then leave - will I be able to come back to the UK until May 2024 with the same rights as before?

If the answer to the above question is no, how many days do I need to spend in the UK with what conditions in order to be able to be away from the UK for up to 2 years without losing ILR?

Many thanks for your help.

As far as I know once you have ILR you only need to ensure not to exceed 2years out of the UK at any one time/stretch so with what you outlined above you should not have any problem coming back.
It is another kettle of fish should you be intending to get BC after such long period out of the UK.

PS: Mods, experienced and knowledgeable forum members do give OP your opinion.

Post by **zimba** » Sat Oct 16, 2021 2:28 am

ILR holders are admitted as returning residents to the UK. Returning to the UK before the 24 months mark is only part of the requirement for the non-EEA citizens holding ILR. The other requirement for being admitted at the border as a returning resident is set out under paragraph 18 of the immigration rules:

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.

ILR holders are still subject to these controls and as you can see, simply having short visits to the UK is not enough to be admitted as a returning resident. You must be returning and seeking admission for the purpose of settlement. If the officer is not satisfied with this when you return, your ILR can be cancelled at the border by the immigration officer

UPDATES

1) ILR will lapse after the ILR holder is absent from the UK for 24 months or more.
2) Paragraph 18 of the immigration rules is now deleted.
3) Lapsing leave and returning residents guide: https://assets.publishing.service.gov.u ... idents.pdf

Post by **vinny** » Sat Oct 16, 2021 3:27 am

If you are employed aboard, then they may also cancel your ILR.

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Keeping ILR While Being Away from the UK

Keeping ILR While Being Away from the UK

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Re: Keeping ILR While Being Away from the UK