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ILR validity

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

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Thi12345
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Joined: Fri Jun 22, 2018 7:25 pm
Thailand

ILR validity

Post by Thi12345 » Fri Jun 24, 2022 1:24 pm

Hi,
I understand that ILR will become invalid when out of UK for more than 2 years continuously. So, my question, say I stay out of the UK for 1 year and 11 months, stay in uk for a week or so, and then leave again to live abroad. Is doing like this to keep ILR valid, legal and allowed?
Thanks in advance.

AmazonianX
Respected Guru
Posts: 7448
Joined: Tue Jun 11, 2019 1:09 pm

Re: ILR validity

Post by AmazonianX » Sat Jun 25, 2022 5:27 am

Thi12345 wrote:
Fri Jun 24, 2022 1:24 pm
Hi,
I understand that ILR will become invalid when out of UK for more than 2 years continuously. So, my question, say I stay out of the UK for 1 year and 11 months, stay in uk for a week or so, and then leave again to live abroad. Is doing like this to keep ILR valid, legal and allowed?
Thanks in advance.
While there nothing that says you can not do this, the premise of ILR is for long stay and settlement in the UK. You may get away with it however at certain points this may get flagged and your ILR motive brought to question.
Good luck in your quest.

AmazonianX
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Posts: 7448
Joined: Tue Jun 11, 2019 1:09 pm

Re: ILR validity

Post by AmazonianX » Sat Jun 25, 2022 5:28 am

Just curious, is there a reason why you do not have plan to get BC which is not limited by the 2years absence?

Thi12345
Newly Registered
Posts: 10
Joined: Fri Jun 22, 2018 7:25 pm
Thailand

Re: ILR validity

Post by Thi12345 » Sat Jun 25, 2022 7:47 am

Thank you for your answer. The reason I haven’t applied for BC is because my home country doesn’t allow dual citizenship. I may do it at some point though.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR validity

Post by secret.simon » Sat Jun 25, 2022 8:00 am

Thi12345 wrote:
Fri Jun 24, 2022 1:24 pm
So, my question, say I stay out of the UK for 1 year and 11 months, stay in uk for a week or so, and then leave again to live abroad. Is doing like this to keep ILR valid, legal and allowed?
No. Short stays in the UK do not keep ILR alive. The Immigration Officer at the border will be able to see the history of your entries and exits from the UK and would be able to cancel your ILR on the spot at the airport.

As mentioned above, a person on ILR is meant to be resident in the UK, not resident elsewhere and visit the UK.

You may be able to get away with it if you return to the UK for a few months (ideally over six) at a time.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Thi12345
Newly Registered
Posts: 10
Joined: Fri Jun 22, 2018 7:25 pm
Thailand

Re: ILR validity

Post by Thi12345 » Sat Jun 25, 2022 8:10 am

Thank you. Another thing I’m always curious is that how do immigration officer know my exits from the UK, because there was no passport control or stamps at the exit. I only have entry stamps in my passport.

Thanks again.

secret.simon
Moderator
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Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR validity

Post by secret.simon » Sat Jun 25, 2022 8:37 am

From the Advanced Passenger Information that you file with the airline/sea-ferry/Eurostar, etc, when you buy a travel ticket.

That information is generally shared (and mandated) by the governments of both (or all) countries you are traveling from , to and possibly through.

Just because you do not see an exit control border counter does not mean that there are no border control checks.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Thi12345
Newly Registered
Posts: 10
Joined: Fri Jun 22, 2018 7:25 pm
Thailand

Re: ILR validity

Post by Thi12345 » Sat Jun 25, 2022 8:51 am

secret.simon wrote:
Sat Jun 25, 2022 8:37 am
From the Advanced Passenger Information that you file with the airline/sea-ferry/Eurostar, etc, when you buy a travel ticket.

That information is generally shared (and mandated) by the governments of both (or all) countries you are traveling from , to and possibly through.

Just because you do not see an exit control border counter does not mean that there are no border control checks.
Thanks a lot. I learnt a new thing today. :)

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