How to return to UK after ILR expires

[roarke80]

Hi, sorry but I'm not sure where to post this question, please forgive me if this is not the right place.

I currently hold an ILR as I have been resident for 10 years in the UK. I haven't applied for citizenship as I would have had to give up citizenship of my home country which I don't want to do as the rest of my family is back home.

However, I am currently looking to move back home for the next 10 years or so so I can put my children through education there. I would likely want to return to the UK to work and for my children to attend a UK university in the future.

Obviously my ILR would have expired by then. Would it be relatively easy to apply for a Parent Visa given both my children and spouse are British citizens, although they would obviously be resident overseas at the point of application?

Is applying for UK citizenship the only way to be sure I would be allowed in again in the future?

Many thanks for your advice in advance.

[aman90]

Difficult to say without a crystal ball.
The process gets more and more tedious every year. The requirements at that point...
ILR status expires if u are away for a continuous two year period..
It’s better that you take a trip to the uk within every 22 months from ur last entry to keep ur ILR status.. and then you won’t have to worry what visa you need to apply for 10 years down the line.
When you got ur ILR this would have been advised and you can google ILR and it’s conditions as well.
Also in the next 10 years keep urself upto date with rules..you never know when this condition changes as well..

[vinny]

Returning Residents

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.

[vinny]

I currently hold an ILR as I have been resident for 10 years in the UK. I haven't applied for citizenship as I would have had to give up citizenship of my home country which I don't want to do as the rest of my family is back home.

If you lose your ILR, then I think you may apply for ILR under Long residence again.

[roarke80]

Thank you for your replies!

I believe I won't be eligible for Returning Residents as I would have been away for more than 2 years. I believe being away for that long also doesn't allow me to apply for long residence as it depends on having been in UK continuously for 10 years ? I don't really understand the difference between long residence and indefinite leave to remain if I'm honest. This is just based on a first read through of the rules, please do correct me if I'm wrong.

I am definitely planning to come back every 2 years but I have read elsewhere in the forums that that doesn't help to extend the ILR as I would only be able to stay for a few weeks.

I've done some research into applying for a spouse or parent visa as well. However for parent visas, I am only able to find information on applying for the visa when the child is already resident in the UK. What about British children who are non resident in the UK, would I be able to obtain a parent visa when I come back with them? Are these visas relatively easier to get?

Is there anything else I can do before leaving to strengthen my chances of being able to come back in future?

Many thanks for your advice!

[aman90]

An uncle of mine had been doing this for the past 30 years or so.. visits for a few of weeks every year..he has property here though.. the only time he faced an issue was when he decided to get a BRP. The HO had no record of him but still managed to get his BRP sorted.

[roarke80]

Thanks for your response! So do you think short visits every year would be sufficient to extend the ILR? And what do you mean by BRP please, is that the biometric pass?

I do have two companies here through which I operate a business and also own a property. Do you think that would help?

I have read somewhere that they do not record the date you leave the UK, is that true? Does that mean they don't actually know how long you have been away from the country unless they ask you / or if you have a stamp entering another country?

Any information on applying for parent visa would also be greatly appreciated. As mentioned, my children would not be residing in UK when I apply for parent visa in the future. However they are British citizens. Surely they would not refuse them entry because I no longer have an ILR? How would they approach this?

Any advice much appreciated, thank you!

[aman90]

Thanks for your response! So do you think short visits every year would be sufficient to extend the ILR? And what do you mean by BRP please, is that the biometric pass?
Yes and yes before Biometric resident permits it was visa stickers..
I do have two companies here through which I operate a business and also own a property. Do you think that would help?
Yes.
I have read somewhere that they do not record the date you leave the UK, is that true? Does that mean they don't actually know how long you have been away from the country unless they ask you / or if you have a stamp entering another country?
Unless ur swimming ur way off the island they’ll probably know via ur vessel of travel.. by law all operators provide passenger details. And yes the stamp too.

Any information on applying for parent visa would also be greatly appreciated. As mentioned, my children would not be residing in UK when I apply for parent visa in the future. However they are British citizens. Surely they would not refuse them entry because I no longer have an ILR? How would they approach this?
A guru answered this one above I think. Returning resident.
In the end it’s uo to you. Something or the other will work out but
I just don’t understand why you’d put urself through that hassle when you’ve got something on ur plate and all you need to do is to visit. I’ve been through something like this and kick myself sometimes for not doing things at the right time
Any advice much appreciated, thank you!

[aman90]

https://www.gov.uk/returning-resident-visa

[roarke80]

Thanks very much for your response! Yes I definitely plan to continue visiting to hopefully keep the ILR alive. It's just that I'm planning for worst case scenario as I've read on the forums about ILRs being cancelled even before 2 years is up, and returning resident visas being quite hard to get. Thank you very much for your help.