ILR validity when leaving and entering over long periods

[GeoffreyB]

Dear all,

I was hoping someone might be able to shed some light on a query of mine about the ILR concerning leaving and entering the UK for long periods.

My wife of Chinese nationality received her ILR with no problems in November 2009, we lived in the UK until this year April 2011 both self employed. However we've recently started to travel a lot for work and this sees us travelling and staying in China for long periods, sometimes 6-9 months of the year.

I know from the regulations concering ILR that its reasonable to re-enter the UK as long as you haven't been away for more than 2 years. However our travelling is very haphazard and she might stay in China for 9 months, the uk for 2 or 3 months, then China for 4 months then the uk for 6 months.

Based on this, I'm worried one day the immigration officer might query that we have really "settled" in the Uk, I mean essentially we can't "settle" anywhere in the world, we're both always on the move whilst working. This could be solved by my wife applying for UK nationality, but unfortunately China doesn't recognise dual-nationality and so this would create further problems of coming to China, cutting future possibilities.

I've asked the UK border agency, but I've never really had any solid replies on the subject of the re-enter before 2 years outside the country, if say you were outside the UK for under 2 years, then came back to the Uk for a 4 months, how long until the 2 years leaving allowance would reset? Is it totally under the discretion of the immigration officer on arrival to the UK?

On another related point, I was wondering if anyone knew about Hong Kong's policy with ILR visa's, I also contacted them and the UK government about this and haven't been given any information, neither can I find any official information documenting it.

My point is that my wife and I always travel through Hong Kong to get from China to the UK, and a Chinese national requires a Hong Kong Visa to enter Hong Kong, however I heard that any UK visa in a Chinese person's passport allows them transit through Hong Kong. My wife has had no problems entering Hong Kong to take flights, she usually gets a 7 day stamp in her passport.

However nowhere can I find the rules dictating how this 7 day entry renews itself, if for instance, you travelling out from Hong Kong to the UK for 2 weeks, then came back to China, then stayed in China for 1 week, then went back to the Uk for 6 days, then came back to China for a few months. What if she wanted to visit Hong Kong not for transit but just for a day trip, would the ILR visa suffice to enter even though she's not travelling on through to the UK.

I'm just generally interested to know if someone knows the specific rules surrounding the 7 day entry to Hong Kong on UK visas.

Thanks in advance if anyone can offer any advice. Most might think TL:DR but I thought I should be specific so I might get specific advice.

Regards

Geoff

[xyz123]

why cant she get british passport?