Immigrationboards.com

Hello Everyone. My mom and sister’s ILE expired on 2015 with old passport. They have already got new passport and carry both new and old passport with VISA in it. The last time they came to UK was on August, 2016 and left UK in October, 2016. I was wondering will there be any issues while coming back to UK, since their visa has expired. Also, my mom is really ill and can’t travel. So, my sister who is 17 is planning to come all by herself. Hence, what will be the restrictions for them while coming to UK.

ILR (or ILE) generally becomes invalid after a period of abence of over 2 years. She may well have a problem with Border Control on arrival in the UK.

The Immigration Rules state:
18. A person may resume their residence in the UK provided the Immigration Officer is satisfied that the person concerned:
(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii) has not been away from the United Kingdom for more than 2 years; and
(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
(iv) now seeks admission for the purpose of settlement.

Casa wrote: ↑

Wed Dec 26, 2018 12:45 pm

ILR (or ILE) generally becomes invalid after a period of abence of over 2 years. She may well have a problem with Border Control on arrival in the UK.

The Immigration Rules state:
18. A person may resume their residence in the UK provided the Immigration Officer is satisfied that the person concerned:
(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii) has not been away from the United Kingdom for more than 2 years; and
(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
(iv) now seeks admission for the purpose of settlement.

What if she had personal reason. As my mom can’t travel and come to UK and my dad is taking care of her, there was no one to travel with her as she is under 18.

If they have been away for over two years, then they must apply for entry clearances as returning residents.

19. wrote:A person who does not benefit from the preceding paragraph by reason only of having been absent from the United Kingdom for more than two consecutive years, must have applied for, and been granted indefinite leave to enter by way of entry clearance if, he can demonstrate he has strong ties to the United Kingdom and intends to make the United Kingdom his permanent home.