Help - Re-entry to UK with Right of Abode

[MeaghanM]

Hi everyone,

I'm hoping you can help. I a Canadian with Right of Abode to the UK, however for the last six months have been living in the Cayman Islands.

My husband is British and we are going back to the UK to visit family for 10 days - I have read the paperwork and my understanding is that my Right of Abode doesn't lapse unless I have been out of the UK for two years or more.

I'm wondering if anyone has any experience with this, and if you think Immigration are going to give me any trouble, as they normally ask lots of questions even before when I was just coming back from a hol!

Should I indicate to the immigration officials that we're intending on returning permanently before the end of the 2 year limit, or should I just keep my mouth shut?

Any help would be greatly appreciated!

Thank you,

Meaghan

[paulp]

Do you have a Right of Abode (which doesn't lapse after two years abroad) or Indefinite Leave to Remain (which does lapse after two years abroad subject to certain exceptions).

[Christophe]

If you have the right of abode (as opposed to indefinite leave to remain) in the UK, then your right to enter the UK doesn't lapse at all. Moreover, the immigration officers shouldn't be asking you questions of an immigration nature, since you have the right to enter and the live in the UK as if you were a British citizen. You can pass through the British passport holders' gate at ports of entry, and your passport won't be endorsed with an entry date stamp.

Is there a certificate of entitlement to the right of abode in your current passport?

[MeaghanM]

I apologise all - I get the two confused.

I actually had Indefinite Leave to Remain - this is the one with the two year limit, isn't it?

we genuinely don't know when we'll be retuning to the UK permanently, although we do intend on doing this at some point.

I really appreciate your help so far!

[vinny]

However, a person returning temporarily to the UK is not necessarily a visitor. For example many people have their home in the UK and may spend substantial periods overseas on short-term business contracts or for studies and return to the UK for only a short period during holidays. This will not disqualify a person from readmission as a returning resident, provided:

• he is normally resident in the UK; and
• at the time of his admission they consider the UK to be their permanent home, and
• he has not been away from the UK for more than 2 years and intends to return to the UK for settlement in the future.