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I know the rule is that you must consider the UK your permanent home and not be away for more than 2 years.

Does anyone know how this is enforced in practice?

For example, if you go back to your home country for 18 months and then decide to return to the UK would you definitely be allowed back in?

Would you get away with coming back for a few weeks every 1-2 years to keep options open?

Would all this depend on luck with the border staff?

Thanks

once I guess yes but if it is habitual then UKBA will have be suspicious and might revoke your ILR as it appears that you are just utilising it for the sake of ensuring that the visa is valid and will not lapse.

gc123 wrote:I know the rule is that you must consider the UK your permanent home and not be away for more than 2 years.

Does anyone know how this is enforced in practice?

For example, if you go back to your home country for 18 months and then decide to return to the UK would you definitely be allowed back in?

Would you get away with coming back for a few weeks every 1-2 years to keep options open?

Would all this depend on luck with the border staff?

Thanks

I am in similar situation:

Employer is based in india with a office in the UK. UK office processed my WP.

ILR granted May, 2005.
Left the UK, Jan, 2006. (Reason: Employer's business trip)
Back in the UK Feb, 2007.

Left the UK July, 2007. (Reaons: Employer's business trip)
Back in the UK Jan, 2008.

Left the UK in Feb, 2008 (Got married and was waiting for spouse's visa)
Back in the UK June, 2008

Left the UK, Aug, 2008 (Serving notice period)
Back in the UK Oct, 2008.

Since last entry in the UK till date.

Current situation, owning a property, running business, wife on ILR and baby with British passport and havent claimed a penny from public funds.


Do you think my ILR would be revoked, given the above trips/absences?

thanks
Sama

I dont think so...

A family memeber has been in ILR since 80s, kids born here in 1980...

he's been based back home, makes a visit once in 2 yrs to keep the ILR alive... for the last 10 - 15 yrs he only worked in the UK for 5 yrs at a stretch, all other times he visits the UK to maintain his ILR status...

He's arriving to the UK in couple of weeks for a short "show up" - never had any problems...

Hope this helps, but why not apply for BC ASAP and go on dual citizenship to avoid any undue risk...

shs213 wrote:I dont think so...

A family memeber has been in ILR since 80s, kids born here in 1980...

he's been based back home, makes a visit once in 2 yrs to keep the ILR alive... for the last 10 - 15 yrs he only worked in the UK for 5 yrs at a stretch, all other times he visits the UK to maintain his ILR status...

He's arriving to the UK in couple of weeks for a short "show up" - never had any problems...

Hope this helps, but why not apply for BC ASAP and go on dual citizenship to avoid any undue risk...

All I can say is that he's been lucky. The day an immigration officer spots the pattern and questions the individual, the ILR will be revoked. The immigration rules are very clear on the issue.

Extremely lucky person!



regards

sama, I don't see a reason why your ILR can be revoked on basis of information posted above, as all your absences (as above) have been after you were granted ILR status, you haven't been outside the UK for 2 years (in one go) and you are now settled in UK (self-employment, family, estate). So, unless ILR was obtained using fraudulent means, I don't think you have anything to worry about.

UKBA was correct however, IMHO, in refusing your naturalization application given the number of absences during the residential qualifying period.


regards

shs213 wrote:I dont think so...

A family memeber has been in ILR since 80s, kids born here in 1980...

he's been based back home, makes a visit once in 2 yrs to keep the ILR alive... for the last 10 - 15 yrs he only worked in the UK for 5 yrs at a stretch, all other times he visits the UK to maintain his ILR status...

He's arriving to the UK in couple of weeks for a short "show up" - never had any problems...

Hope this helps, but why not apply for BC ASAP and go on dual citizenship to avoid any undue risk...

Lucky man!!

When he applies for Naturalisation, he will be questioned. I cant think of any other application (his or his dependents) where he would be required to mention details of absences.

sushdmehta wrote:sama, I don't see a reason why your ILR can be revoked on basis of information posted above, as all your absences (as above) have been after you were granted ILR status, you haven't been outside the UK for 2 years (in one go) and you are now settled in UK (self-employment, family, estate). So, unless ILR was obtained using fraudulent means, I don't think you have anything to worry about.

UKBA was correct however, IMHO, in refusing your naturalization application given the number of absences during the residential qualifying period.


regards

thanks sushmehta,

to the best of my knowledge I havent provided any fake documents or wrong information to obtained my ILR. Absense after ILR were due to good reasons.

Immigration officer was happy to agree that I havent breached any of WP conditions or ILR conditions.

I keep my fingers crossed for now.