2 years absence rule on ILR

[adi27]

Hello,

My ILR is valid for another 2 years from now, however the pandemic and some personal situations have forced me to leave UK last year. I'm currently working in a different country and might have to do so for another year or two. I'm aware of the continuous 2 years absence rule which might put me at a risk of losing my ILR status if I don't come back to UK before end of the 2 years period (next year). Obviously I don't want that to happen. My question is how will my case be considered if I step into UK for about 2 weeks time this year and then go back to my work location, don't return until one more year but finally come back to UK before expiry of my ILR with an intention of long term /permanent stay?

I thank you for your kind advice in advance.

Kind Regards
Adi

[vinny]

There is also a risk that an Immigration Officer may cancel/revoke your ILR, if you are working in another country.

[adi27]

But I guess my question is - can this happen if I break the 2 year period by visiting UK for couple of weeks?

[CULLINAN]

But I guess my question is - can this happen if I break the 2 year period by visiting UK for couple of weeks?

Click “risk” in Vinny’s post:
indefinite-leave-to-remain/returning-re ... 24312.html

[adi27]

Sorry, but I cannot seem to find that word 'risk' in the link

[CR001]

There is also a risk that an Immigration Officer may cancel/revoke your ILR, if you are working in another country.

Blue underlined word in Vinny post.

[CULLINAN]

But I guess my question is - can this happen if I break the 2 year period by visiting UK for couple of weeks?

Click “risk” in Vinny’s post:
indefinite-leave-to-remain/returning-re ... 24312.html

Maybe you could have just clicked the link I posted. It is the same.

[vinny]

In particular, see also Seeking entry for the purposes of settlement.

[adi27]

Thank you for your replies.

If I have understood this correctly, visiting UK just for a week's time before 2 years will automatically not reset the clock. My case is:

• I've found a job offshore, but still working for UK client.

• I'll have a dormant company registered in UK on my name. This was functional until recently but then lost contracts due to the pandemic. I've then been forced to find job elsewhere, but luckily I had the opportunity to work offshore for a UK client. I've agreed with the client to be able come back to and work from UK in future.

• I might be a non UK tax payer for 2021-22

• My family who is also outside UK for 1.5 years is on PBS dependant VISA. Not sure, if the 2 year absence would apply to their case as well.

• I was to return to UK in 2020, but the lockdown forced the airlines to cancel my return flight ticket.

• I was hoping to be able to return to UK next year (April/May) with an intention of settlement.However, I'm not sure I'd be able to provide any supporting documentation on that except for my dormant company.I don't have any relatives/family ties here in UK

Not sure if any of the above point would work in favour/against my hopes of UK settlement in future OR am I only left with the option of either forgetting about UK return entirely /leaving the current job and coming back to UK immediately with a hope of finding a job here?

[adi27]

I've opened a new topic to address the above queries here indefinite-leave-to-remain/rules-of-abs ... 14129.html . Hope that's OK.

[adi27]

I've been advised to continue queries on this topic, sorry for any confusion/duplication.

So here is my whole situation:

• I'm on ILR which is valid until mid of 2024. My family (wife and children) is on a PBS dependant VISA which is valid until end of 2022.

• My family has been away from UK for 1.5 years and I've been away for almost an year continuously.

• I have a dormant company registered in UK on my name. This was functional until recently but then lost work due to the pandemic. I've then been forced to find job elsewhere, but luckily I had the opportunity to work offshore for a UK client. I've agreed with the client to be able come back to and work from UK in future.

• I might be a non UK tax payer for 2021-22

• So, if I understand it correctly visiting UK just for a week's time before 2 years will automatically not reset the clock So, if we don't return to UK permanently before two year period, my ILR would lapse, isn't it?

• We were to return to UK in 2020, but the lockdown forced the airlines to cancel the return flight tickets. And then with virus spreading across the world, we decided against any air travel

• We were hoping to be able to return to UK next year (April/May) with an intention of settlement. However, not sure if waiting that long would have any impact on our re-entry to UK. I understand there is an option to apply for a re-entry to UK, but we would not be able to provide any supporting documentation on that except for my dormant company.I don't have any relatives/family ties here in UK. How to I prove that my intention of visit is for settlement?

I'm still confused with all the rules around this, but would it be correct to say that I'm left with only one of the two choices listed below ?

• Dropping plans of a future UK return entirely

• Leave the current overseas job and come back to UK as soon as possible with a hope of finding a job here
  I'd appreciate any advice/suggestions in this matter.

[zimba]

Yes, you have those two options. ILR is intended for people settled in the UK only. If you are not settled here, you can either forget about your ILR or return and settle back in the UK