Long Absence and ILR Application

[Knudson]

Hello,

I will have been absent for roughly 850 days on the date of my intended return to the UK. I returned to Canada in June 2010 to study a university programme that isn't available at academic level in the UK, but intended to return when I completed the course. I have ties to the UK through my mother; who I am financially dependent on and is in a similar visa situation as I am, but she hasn't been absent from the UK for any significant period of time. However, how will this lengthy absence affect my own application?

I currently hold a Limited Leave to Remain visa, which expires in February 2013. Before that, I arrived on an entry clearance as a work permit dependent in March 2003. Will I be allowed to return as a resident using my Limited Leave to Remain or will I need a new visa altogether? Any hassle at the airport? More worryingly, will this lengthy absence override my seven years of physical presence in the UK and keep me in "temporary" status while I build up another clock towards ILR? Ultimately, both my mother and I are looking to naturalise as British citizens.

Any advice would be appreciated.

Thanks,
Knudson

[vinny]

Long absences shouldn't affect entry/ILR for work permit dependants (198), as long as they are still work permit dependents.

[Knudson]

Hi Vinny,

Thanks for the reply, but I don't think I'm still listed as a work permit dependent. It doesn't say so on my Limited Leave to Remain; just on my original entry clearance from an old passport that expired some time ago. I'm also over the age of majority, too. (and was when I was issued the limited leave to remain).

Thanks,
Knudson

[vinny]

You're still ok if you satisfy 197/198. You should apply for ILR together with, or after, the work permit holder's ILR application.