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Hello Guys,
My nephew is 13yr old holds ILR but expiring in June. He is coming to UK to extend his ILR with his mum(holds ILR 2022). he lived in india since getting ILR. Could you please suggest ,which form sholud be used.we are using premium service so he can back india as soon as he gets extension. Parents holds ILR until 2022 and they all live in india.


Thanks

kalpesh_43 wrote:My nephew is 13yr old holds ILR but expiring in June.

ILR does not expire. It is indefinite, as it says in the name.

ILR is lost if the person does not reside in the UK for two years. If the person has been outside the UK for two years, s/he needs to return and resume residence in the UK. There is no form to fill in. Be aware that short visits do not keep ILR alive. The idea of ILR is that the person is "settled" in the UK. S/he should show that he is resident in the UK.

kalpesh_43 wrote:(holds ILR 2022)

No idea what this means. Can you elaborate?

See this recent case of a Singaporean grandmother with the entire family in the UK being deported because she had lost her ILR due to absence from the UK for more than two years.

The key thing to check is if the mother and child are stamped in as visitors on entry into the UK, which means that the IO at the border believes that they no longer reside in the UK (which automatically terminates their ILR). There have been reports on these forums of people getting their ILR revoked at one and a half years, while others have retained their ILR even after two and a half years being away.

Also see similar posts
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Hello Simon,
Thanks for quick reply. Its residence permit card.

Regards,

Hello Simon,
I just received the copy of his residence permit. In remarks it does says indefinite leave to remain and valid until 16-07-17. i think because of being minor and the parents got expiry date on the card 2022.

regards,

How long have they been away from the UK? ILR may lapse if the holder was absent for more than 2 years.

vinny wrote:How long have they been away from the UK? ILR may lapse if the holder was absent for more than 2 years.

He arrived in UK on 27-04-15 and stayed for about a month.

Thanks

And before 2015 how long had he stayed in the UK and what were his absences then?

ILR can be revoked if it appears to the Immigration Officer at the airport that the person is not resident in the UK.

Hello Simon,
I am afraid that will be the case. he lived in india before that as well. I think he needs to take his chance to come in the UK and apply for extension.

If he gets an extension, he should settle in the UK for a substantial period of time (in years, not months) to retain his ILR status.

Even if he retains his ILR status, if he is looking at doing higher studies (university) in the UK, he should be aware that in order to be charged home student fees, he must be resident in the UK for at least three years before the start of his academic studies. Otherwise he will be charged overseas student fees.

Hello Simon,
Thanks for valuable advise. He needs to fill BRP(RC) form as his BRP card expiring not ILR. Please correct if this not the case. They do ask for the council letter utility bill etc. Does he need to provide as nothingness by will be in his name l.