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Returning with ILR and new passport

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

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Dogondoor123
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Joined: Thu Jun 06, 2024 10:43 am
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Returning with ILR and new passport

Post by Dogondoor123 » Thu Jun 06, 2024 11:16 am

HI - i have a question - i have returning spouse with ILR who has been away for family and health reasons for over 24 months (we didn't realise there was a time limit when she left). The passport she left on has expired and she now has a new one issued in 2023. If she enters UK will e-gates or border officials automatically know she has been away for over 24 months ? Previously in UK for over 10 years continuously and with 16 year old child and husband here.

Many thanks !

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zimba
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Re: Returning with ILR and new passport

Post by zimba » Thu Jun 06, 2024 11:26 am

If you were away for more than 2 years (Returning Resident visa)
You lose your indefinite leave to remain if you’ve been outside the UK, the Channel Islands and the Isle of Man for more than:

•5 continuous years, if you have settled status under the EU Settlement Scheme (unless you’re a Swiss citizen or their family member)
•4 continuous years, if you have settled status under the EU Settlement Scheme and you’re a Swiss citizen or their family member
•2 continuous years for anyone else

You may be able to re-enter the UK and get indefinite leave to remain by applying for a Returning Resident visa.
ILR is a status granted to an individual and this is not attached to a passport.
Yes they will know as her ILR has lapsed and she could be refused entry. She should apply for a returning resident visa as her ILR is no longer valid. Also, note that entry via eGates for a non-visa national without a residence permit means a grant of a 'visit' visa and this could lead to immigration problems down the road.

See: 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

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