What happens if ILE/ILR revoked?

[lucyliupenang]

I’m a Malaysian and was granted ILE in June 2005 by virtue of marriage to British citizen. I entered UK in September 2005 and supposedly the ILE became ILR. I left UK again in December 2005 as my husband was posted back to Malaysia. Now we intend to go back to UK in Sept this year; hopefully to make UK our permanent home. Unfortunately, I have to travel to UK first without my husband. I am worried that because I have been away for almost two years, my ILE/ILR may be revoked. If that happens, what options do I have to remain in UK? Would the immigration refuse me entry to UK? I should be able to reapply for ILR again because of my marriage to British citizen, right? Please advise.

[Docterror]

ILE/ILR does not get revoked if you have been out of the UK for less than 2 years which it will not be if you are coming back in the Sept of this year. Also, the ILR that you have now is unconditional on your husband being here with you as well.

The problem you might face at the Port of Entry is proving to the Immigration Officer (IO) that you do really intend to make the UK your Permanent Domicil and considering that your real intention do indeed happen to be the same, I foresee no probable difficulty in persuading the IO about it.

[VictoriaS]

You will also have a problem if your husband is not travelling with you or already there. If the IO asks you you may be refused entrly.

Victoria

[Docterror]

You will also have a problem if your husband is not travelling with you or already there. If the IO asks you you may be refused entrly.

Victoria

That's new! But, why should the husband be here now, since the ILE has been changed into an ILR back in 2005? Her status is no longer subjected to her marital status.

[VictoriaS]

Sorry, of course you are right, I do apologise.


Victoria