ILR but entered on Tourist Visa

[traveller2024]

I have a Residence Visa vignette in my (expired passport) stating 'indefinite leave to remain', which was granted in 2006. I obtained it following my marriage to a UK citizen. In 2016, me and my family moved for work purposes to Malaysia. I have been back to the UK at least every year, save for COVID time, when I was away for about 20 months. Everytime I entered the UK I entered as a tourist, and therefore had the stamp stating entry for 6 months, and no recourse to public funds. I travel with my British wife and two British children.

Am I now able to enter the UK relying on my Residence Visa? I have not been away from the country continuously for more than 2 years. However, over the years I have entered as a tourist, and have stayed for at maximum 3 weeks at a time.

Does the visitor stamp work to nullify or cancel the Residence/ILTR?

If I attempt to rely on the Residence Visa but it is not accepted by Immigration, can they still let me in the country? Or is there a chance they will not allow me to enter and I will be forced to fly straight out again?

Whilst I intend to continue working in Malaysia for the next one or two years, it is my intention to return to the UK and live permanently in the future.

[zimba]

If you held ILR and have never been away from the UK continuously for more than 24 months, then your ILR status remains valid. You can return back to the UK and live here as a resident with ILR. You also should not be admitted as a visitor at the border. Such an endorsement at the border for someone like you would have been issued in error. You always need to tell the border officer that you have ILR or show such evidence when travelling to the UK.

The guide tells the officers that they should NOT stamp an endorsement for someone like you in as a visitor, as you would be a 'returning resident' who has ILR status and NOT a visitor:

Passengers who had settlement and who have not been away for more than the
permitted period, occasionally seek entry as visitors. You must not grant entry as a
visitor in this instance. Instead, you should endorse their passport with an open date
stamp which confirms they continue to hold settlement.

https://assets.publishing.service.gov.u ... ts__1_.pdf