Retaining ILR - Please help

[LoveUK]

I have a situation here. I have ILR. I returned India 1 yr back due to my parents ill health. My ILR was issued 6 months before I left UK. My wife was also issued ILR. My kid was born after returning to India. I will be visiting UK along with family on a business trip for couple of months though I will return back to India after that to look after my parents.

I do not want to loose my ILR. I have intention to settle in UK even though it may not happen in near future due to constraints in my home.

I have following questions now. It would be great help if some one can provide their suggestions and answers.

1. Will ILR be issued to my Kid even though he was not born in UK ? He does not even have a passport now.

2. What are my chances of retaining my ILR as I am not having frequent and long visits to UK?

3. Does my wife and kid also need to be along with me every time I visit UK in order to retain their ILRs?

[John]

It really comes down to this ..... ILR ..... Indefinite Leave to Remain ... is not quite the right name for that visa! This is because if the person spends a continuous period outside the UK exceeding 24 months in length then they effectively need permission to use their ILR (or ILE).

That is, the person would need to complete a form VAF1 and apply to be a "returning resident". This requirement applies separately to each person. For example, you going back to the UK within the next year ..... that is, within 2 years of last being there .... will not help the situation for any other members of your family.

The youngest child? Clearly you need to get that child a passport! Having done that you need to apply for a Child Settlement visa for that child using form VAF2. Given that you and your wife already have ILR the child should also be given that (or rather ILE .... Indefinite Leave to Enter).

Just one big query concerning all of this :-

I will be visiting UK along with family on a business trip for couple of months though I will return back to India after that to look after my parents.

Your use of the work "visiting"! When using the ILR (or ILE) to enter the UK it should be you "resume residence" in the UK. In other words using those visas like a glorified visitor's visa might cause you to get questioned at the port of entry.

[Chess]

John,

You have already replied to that post before and 'LoveUK' is just asking the same question..

the issue is quite simple.Loveuk cant reside in the UK and India at the same time....


The choice is his...eiother return to UK and serve time - i.e qualify for naturalisation or risk losing the ILR