Time out of uk with ilr

[garywitham]

My wife and I have been married 5 years this month, she came here on a spouse visa November 2005, she had to leave for her own country in July 2007 due to her mother being ill and her step father had a stroke so she needed to care for them. She came back for 2 weeks in October 2007 when we applied and got her ILR, since then she has returned back to the UK on several occasions albeit for only around 2 weeks each time due to the circumstances, had she been able to stay she would have been eligable for UK citizenship in November 2008, but because of her time out it's not possible.

My question is this, I am now worried she may lose her ILR, I am going to her country later this month and we are returning here together, again only for 2 weeks though, I have maintained her status on the council tax, she has 2 UK bank accounts, national insurance number, UK driving licence, she has credit cards in my name, I have the water and electricity bills in joint names, she is still registered at our local GP. What is the position with her ILR? Is she in danger of losing it? Can the UKBA refuse her entry?

This situation is genuine and worrying me a lot recently, I have been back to see her in her country many times, 9 times this year alone, so although we technically are in different countries we see each other regularly, I have the stamps in my passport to prove this.

Does anyone have any clarity on this? I have looked at the UKBA website and cannot seem to find any answers. What really worries me most is when we return here in 2 weeks time, can the immigration officer refuse to let her in?

Thank you in advance
Gary

[UKBAbble]

What really worries me most is when we return here in 2 weeks time, can the immigration officer refuse to let her in?

Thank you in advance

If she is no longer resident here technically she can be refused entry. If she were denied entry she would have the right of appeal before removal. Alternatively she may be given leave to enter as a visitor, and she could then reapply in country to have the leave restored.