ILR and Tier 2 dependant visa questions for family returning UK

[adi27]

Hi,

We are planning to return to UK early next year i.e 2022. I'm on ILR which is not expiring until 2024 while the family is on Tier2 dependant VISA expiry Sep 2022.

We have been away from UK for quite sometime now mainly due to the COVID situation. Before that we have been in UK for almost 4 years continuously.

My questions:

1) If I plan to return to UK early next year, in such a way that my continuous absence from UK will not be exceeding 2 years but might be close to 2 years somewhere like 1year and 11 months, can my entry into UK be disallowed purely based on the number of days I've been absent from UK, basically asking if the 2 year absence rule be applied/enforced to disallow entry in such cases?

2) My family has been away a little longer than I was from UK, roughly around 2.5 years continuously. But given that they are not on ILR i.e. they are still on Tier2 dependant visa, will their absence from UK have any impact on their re-entry to UK ? I understand that they might soon need to apply for the VISA extension as the VISAs would expire in Sep 2022, which I am planning to do soon after we come back.

Our aim is to come back and settle down in UK by applying for permanent citizenship in future.

Any advice in this regard would be greatly appreciated. I thank you in advance.

Kind Regards
Adi

[zimba]

1. If you return before 24 months, you normally will be re-admitted as long as you return for the purpose of settlement.
2. Anyone with a valid visa may return. The absence limit is only a requirement for the grant of ILR. Also only ILR status lapses after 24 months. This does not apply to visa holders

FYI To apply for British citizenship, you must have a max of 450 days of absence in the last 5 years.

[vinny]

2. Anyone with a valid visa may return. The absence limit is only a requirement for the grant of ILR. Also only ILR status lapses after 24 months. This does not apply to visa holders

Be careful. Article 13

(4) Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but—

• (a) where the holder has stayed outside the United Kingdom for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse; and
• (b) any conditions to which the leave is subject shall be suspended for such time as the holder is outside the United Kingdom.

as amended, may also apply, unless subsequent amendments or Covid concessions have changed it?

[secret.simon]

This is indeed very interesting information, @vinny, because others and I had advised users that there are no time limits on certain limited leave visas. But evidently the automatic lapse after 24 month absence from the UK applies to them as well as ILR.

Can somebody with limited leave to remain apply for a Returning Resident visa to return to the UK? Or is that very specific to ILR returnees past 24 months?

[vinny]

Can somebody with limited leave to remain apply for a Returning Resident visa to return to the UK? Or is that very specific to ILR returnees past 24 months?

I believe the Returning residents visa is specific to Indefinite Leave returnees.

[AmazonianX]

1. If you return before 24 months, you normally will be re-admitted as long as you return for the purpose of settlement.
2. Anyone with a valid visa may return. The absence limit is only a requirement for the grant of ILR. Also only ILR status lapses after 24 months. This does not apply to visa holders

FYI To apply for British citizenship, you must have a max of 450 days of absence in the last 5 years.

@Vinny, for British Citizenship application, is there concession in place for persons whose absence from the UK exceeds 450 days in last 5 years due to reasons of having to go work abroad on projects and return immediately such projects or contracts are completed.
Kindly point in the direction of such information.

[zimba]

This is indeed very interesting information, vinny, because others and I had advised users that there are no time limits on certain limited leave visas. But evidently the automatic lapse after 24 month absence from the UK applies to them as well as ILR.

Can somebody with limited leave to remain apply for a Returning Resident visa to return to the UK? Or is that very specific to ILR returnees past 24 months?

That is indeed an interesting find @vinny. I always thought that it is not the case for visa holders as I rememebr some migrants on the forum particularly under family visa routes returned after 24 months without issues.

[zimba]

1. If you return before 24 months, you normally will be re-admitted as long as you return for the purpose of settlement.
2. Anyone with a valid visa may return. The absence limit is only a requirement for the grant of ILR. Also only ILR status lapses after 24 months. This does not apply to visa holders

FYI To apply for British citizenship, you must have a max of 450 days of absence in the last 5 years.

Vinny, for British Citizenship application, is there concession in place for persons whose absence from the UK exceeds 450 days in last 5 years due to reasons of having to go work abroad on projects and return immediately such projects or contracts are completed.
Kindly point in the direction of such information.

British citizenship is totally different as it is based on nationality law. The application to grant citizenship via naturalisation is in fact totally discretionary