Renewal of UK PR

[Debdarsan]

Hello,

I am an Indian national and obtained ILR which is expiring in 2023. I have left the UK because of my health issues in Feb 2018. My questions are:

1. Will my PR get cancelled if I do not re-enter the UK by Feb 2020 - i.e. continuous absence for more than 2 years?

2. Given that I enter the UK every two years, to retain the PR, must I work in the UK? For renewal of PR, do I need to produce my salary slip (in the year 2013, when my PR expires) showing that I am employed in the UK?

Thanks and Regards

[CR001]

1. Will my PR get cancelled if I do not re-enter the UK by Feb 2020 - i.e. continuous absence for more than 2 years?

Likely yes.

2. Given that I enter the UK every two years, to retain the PR, must I work in the UK? For renewal of PR, do I need to produce my salary slip (in the year 2013, when my PR expires) showing that I am employed in the UK?

The whole point of ILR is that you are present and settled in the UK for it to remain 'indefinite'. It is not 'indefinite' if you live outside the UK. Short visits to try maintain the status doesn't always work and your ILR could be revoked on arrival in the UK and you will be returned to India.

To renew your BRP card, you have to prove you have been resident in the UK yes.

Note PR = EEA/EU route applicants. ILR = UK Immigration route applications.

[AMITABHA]

Hi,

Thanks for your response!

I forgot to mention that I left the UK on health ground and according to my doctor's opinion, it is best to stay in India and get treated for the time being. As you have mentioned - "Short visits to try maintain the status doesn't always work and your ILR could be revoked on arrival in the UK and you will be returned to India." - my question is will there be any consideration for my case i.e. on health ground?

Supposing I am exempted, shall I have to work in the UK to renew my PR?

[CR001]

You must prove residence and this is to prove to ho that you don't have long periods of absence, potentially causing your ilr to lapse.

With the NHS freely available in the UK, unclear how you would justify absence based on health grounds.

If you ilr lapses or is revoked and you have no ties to the UK, you would likely have to start the process again from scratch.

[Frontier Mole]

Health grounds will not be considered as a reason not to curtail ILR if you exceed two years outside the UK. The issue is not why you are not resident in the UK it is the fact you are not a continuing resident for a period of two years.

[AMITABHA]

Hello CR001,

Many thanks for your reply.
One final question:
You had written, "your ILR could be revoked on arrival in the UK and you will be returned to India."

Does that mean my ILR will be revoked at the immigration desk before entering the UK? That is as if I have no visa? What is the process?

[CR001]

Hello CR001,

Many thanks for your reply.
One final question:
You had written, "your ILR could be revoked on arrival in the UK and you will be returned to India."

Does that mean my ILR will be revoked at the immigration desk before entering the UK? That is as if I have no visa? What is the process?

Yes it could and yes, you would then have no right to remain in the UK.