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Allowed to be Outside UK for person who has ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ric1982
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Posts: 304
Joined: Tue Aug 09, 2011 12:02 pm

Allowed to be Outside UK for person who has ILR

Post by ric1982 » Wed Mar 06, 2013 10:12 am

Hi,

My wife is going abroad for a year. She is on ILR. My question is how long are you allowed to be outside UK on ILR? I understand if you live for more then x amount of time then your ILR get revoked?

Thanks,

mianrmm
Junior Member
Posts: 58
Joined: Sun Jun 10, 2012 10:33 am

Re: Allowed to be Outside UK for person who has ILR

Post by mianrmm » Wed Mar 06, 2013 10:15 am

ric1982 wrote:Hi,

My wife is going abroad for a year. She is on ILR. My question is how long are you allowed to be outside UK on ILR? I understand if you live for more then x amount of time then your ILR get revoked?

Thanks,
i think Max one can be out of UK on ILR is 2 years, after that one to get Entry clearance to enter back.

in case of 1 year, the EC officer may ask for ties with UK to consider a returning resident person.

lets see what guru says in this regard

ric1982
Member of Standing
Posts: 304
Joined: Tue Aug 09, 2011 12:02 pm

Re: Allowed to be Outside UK for person who has ILR

Post by ric1982 » Wed Mar 06, 2013 10:37 am

mianrmm wrote:
ric1982 wrote:Hi,

My wife is going abroad for a year. She is on ILR. My question is how long are you allowed to be outside UK on ILR? I understand if you live for more then x amount of time then your ILR get revoked?

Thanks,
i think Max one can be out of UK on ILR is 2 years, after that one to get Entry clearance to enter back.

in case of 1 year, the EC officer may ask for ties with UK to consider a returning resident person.

lets see what guru says in this regard
I am BC. Will that hold a weight of UK ties?
Also she is going after delivery being on maternity leave.

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
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Post by uksettlement » Wed Mar 06, 2013 10:54 am

it should be fine. Just the she wont be eligible for BC soon as she will have to satisfy 3 yrs criteria for being in the UK as she is a partner of a BC.

she cant be away for more than 270 days at a stretch in last 3 years and not more than 90 days away in the last 90 days.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

ric1982
Member of Standing
Posts: 304
Joined: Tue Aug 09, 2011 12:02 pm

Post by ric1982 » Wed Mar 06, 2013 11:13 am

uksettlement wrote: she cant be away for more than 270 days at a stretch in last 3 years and not more than 90 days away in the last 90 days.
Thanks. Is this for BC or just so that she remains on ILR?

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Wed Mar 06, 2013 11:59 am

An ILR holder would be subject to the returning residents provisions.
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