Can u travel to home country using ILR

[HAMID2]

I had ELR (4 years) and now I have ILR in Afghani passport. I want to visit Afghanistan for few months but not sure whether I will be allowed to come back.
I will be grateful if u can post any information regarding this matter.

Regards,

[John]

A couple of points here. Firstly, there will be no problem you re-entering the UK using that ILR visa ... to resume residence .. up to two years after you leave.

Secondly, are you intending to apply for naturalisation as British? If so do be aware that an absence from the UK of more than 90 days in the year prior to you applying could cause you a problem. Therefore you would be well advised to keep your absence down to 3 months at most.

90 days? A bit of leeway on that, but not a lot.

When did you get your ILR?

[HAMID2]

A couple of points here. Firstly, there will be no problem you re-entering the UK using that ILR visa ... to resume residence .. up to two years after you leave.

Secondly, are you intending to apply for naturalisation as British? If so do be aware that an absence from the UK of more than 90 days in the year prior to you applying could cause you a problem. Therefore you would be well advised to keep your absence down to 3 months at most.

90 days? A bit of leeway on that, but not a lot.

When did you get your ILR?

Thank you for the above information. I got my ILR on September 05 and I am planning to go there for about 2 months or so.

I tried to search Home Office website but I couldn’t find any information on this matter, would it be possible for u to post a link.

Many thanks

[sywahu]

hamid,

almost everyone I know on ILR has travelled on it with no problems. So rest assured that it is OK.

But if you still for some reason want some kind of written assurance, perhaps writing to the home office would be best.

But I wouldn't hold my breath on that They will take ages to reply.

[John]

HAMID2, I am not sure what reassurance you seek. You are not tied to the UK now with your ILR, in the same way as you were not tied to the UK with your previous ELR.

The only restriction with the ILR is that if you are outside the UK for a continuous period of more than two years, then you would need to apply to the nearest British Mission to be treated as a returning resident. But any period of less than two years causes no visa problem. So the planned two month period time out of the UK is clearly not going to cause a problem ... and not even when you apply for naturalisation.

Finally, no need for you to post your messages in big size print.

[sywahu]

Finally, no need for you to post your messages in big size print.

I was wondering when someone would say that

[HAMID2]

HAMID2, I am not sure what reassurance you seek. You are not tied to the UK now with your ILR, in the same way as you were not tied to the UK with your previous ELR.

The only restriction with the ILR is that if you are outside the UK for a continuous period of more than two years, then you would need to apply to the nearest British Mission to be treated as a returning resident. But any period of less than two years causes no visa problem. So the planned two month period time out of the UK is clearly not going to cause a problem ... and not even when you apply for naturalisation.

Finally, no need for you to post your messages in big size print.

Dear John,

There is no problem with the duration of my stay as I won't stay more than two months because I'll be applying for naturalization and I don't want to jeopardize that opportunity.

The problem is that I have been to Pakistan before with my Exceptional Leave to Remain on my national passport but this time I want to know whether I can directly fly to the country of my origin Afghanistan with my national passport and return back?

I worry that on return in Heathrow when I say that I have come from Afghanistan or they find out the entry stamp to Afghanistan on my passport, they may block my entry.

Many thanks..........

[HAMID2]

Finally, no need for you to post your messages in big size print.

I was wondering when someone would say that

I have a genetic eye problem called “cheshem kalan” in farsi that makes it hard for me to c things in small print I hope I am typing correctly as I can’t c properly

[JAJ]

I had ELR (4 years) and now I have ILR in Afghani passport. I want to visit Afghanistan for few months but not sure whether I will be allowed to come back.

Did you get your ILR based on being a refugee?

[HAMID2]

I had ELR (4 years) and now I have ILR in Afghani passport. I want to visit Afghanistan for few months but not sure whether I will be allowed to come back.

Did you get your ILR based on being a refugee?

No, i was refused and granted ELR and then ILR...

[John]

[quote]I have a genetic eye problem called “cheshem kalan” in farsi that makes it hard for me to c things in small print I hope I am typing correctly as I can’t c properly[/quote]

Sorry to hear that ... large size print totally OK.

[quote]I worry that on return in Heathrow when I say that I have come from Afghanistan or they find out the entry stamp to Afghanistan on my passport, they may block my entry. [/quote]

It is not illegal to go to Afganistan. As always these days the sticker in your passport will be run through the scanner to ascertain that it is genuine, and not a good-looking fake .... after all, all the records exist not just as a sticker in a passport but also as an entry in the IND computer system ..... but if you are asked any questions, as appropriate, say that you have been visiting family. There is no law against doing that.

[Kayalami]

I believe the OP's concern may stem from the following situation.

1. He/she is an Afghan national who (presumably) has claimed asylum on the basis of persecution in Afghanistan.

2. Applicants in the above circumstances who are granted ELR or ILR as appropriate would normally get a Home Office Travel document annotated as 'not valid for travel to country of persecution'. Often applicants will by pass this 'limitation' by travelling to a neighbouring country e.g Afghans go to Pakistan and cross over porous borders..same with Iraqi Kurds via Syria etc.

3. Where a national passport is held ELR/ILR endorsment may be affixed.

4. If the holder subsequently returns to their 'country of persecution' it follows that this risk which formed the basis of their asylum claim no longer holds since tit was safe enough for them to return.

5. Upon return to the UK it thus follows that the Home Office can revoke their leave. The usual process is for the applicant to be granted temporary admission whilst the Home Office review your case. TA does not count as leave to enter and hence any time spent as such does not count for naturalisation purposes. I am aware of a TA under the above circumstances for near enough 2 years. Fortunatley their ILR was maintained but they had to make up this time line for naturalisation purposes.

The only people who have the absolute right of entry into the UK are those with the right of abode to include British Citizens. If the OP wants a guarantee for re-entry then this is the status he/she must hold.

[JAJ]

The only people who have the absolute right of entry into the UK are those with the right of abode to include British Citizens. If the OP wants a guarantee for re-entry then this is the status he/she must hold.

Other countries take a similarly sceptical view when people granted residence on humanitarian grounds subsequently return to their original countries.

It would be safest to naturalise first before thinking about any trip back there. Also bearing in mind that if still a citizen of that country (under their laws) the ability of the British government to provide consular protection will be limited at best.

[sywahu]

kay,

Thats a bit confusing but again I am not really knowledgable in this area.

Even if the political scenario has changed and the asylum has no basis now, having an ILR means that this check no longer applies. Regardless of the current situation is in Afghanistan, ILR is indefinite with no restrictions whatsoever of course.

So how can the ILR be questioned on the basis that the political sitation has now changed?

My understanding is that once an ILR is obtained, no one has the right to revoke it by again verifying the criteria that it was initially applied under. In this case, political asylum, ELR etc.

Am I wrong?

[Kayalami]

kay,

Thats a bit confusing but again I am not really knowledgable in this area.

Even if the political scenario has changed and the asylum has no basis now, having an ILR means that this check no longer applies. Regardless of the current situation is in Afghanistan, ILR is indefinite with no restrictions whatsoever of course.

So how can the ILR be questioned on the basis that the political sitation has now changed?

My understanding is that once an ILR is obtained, no one has the right to revoke it by again verifying the criteria that it was initially applied under. In this case, political asylum, ELR etc.

Am I wrong?

The Nationality, Immigration & Asylum Act 2002 formalised the Home Secretary's power to revoke Indefinitie Leave To Remain/ Enter. This power existed in previous acts but was usually on the basis of a deportation primarily for serious criminal convictions. The Home Secretary can now revoke leave on a wider remit to include misrepresentation of material facts. Those travelling back to their former country of 'persecution' are at risk of their circumstances being reviewed in the whole vis a vis the situation at their date of asylum application, grant of leave, travel 'home' and return to the UK. With respect we could discuss inumerable examples each with their own specifics and applicable merits as to re-entry or not. Hence my caveat that the Home Office 'can' not 'will' review their case.

Suffice to say that any person who does not have the right of abode in the UK including those with ILR is subject to immigration control. The Immigration Officer has the authority to ask them any question appropriate to determine their eligibility to enter the UK under the relevant aspect of the rules. If the op wants an absolute guarantee to re-enter the UK then he/she must hold British Citizenship.

[John]

Kayalami, whilst accepting everything you say, doesn't sywahu have a very good point?

If the conditions in the country have changed radically and whilst it was definely unsafe at an earlier point in time, that is not the case now, to the same extent, surely that is a factor that would be taken into account?