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Yes if she lives oversea for more then 2 years then she will loose ILR.jandk wrote:Hi,
I am a british citizen, my wife is Japanese and has held ILR for the last 3 years and we have a 2.5 year old little boy (with a british passport)
I have just been offered a job in New Zealand and we are considering to go, on a residents visa.
Our plan is to live there for 3 - 4 years, then return back to the UK to live.
Are there going to be complications when we come to return to the uk?
(Thanks in advance for any advice and help with this)
I'm not suggesting she has to take British Citizenship, simply that it would solve the problem of her re-entry to the UK the family are currently facing.temuujin wrote:why she has to be British? She may proud of being Japanese!!!Casa wrote:If your wife has held ILR for 3 years, why hasn't she applied for British Citizenship?
Sorry, but bad advice. Very bad. :-/JohnM wrote:I am not solicitor, so double check it. But as far as I understand ILR will be removed if she will be out of UK for 2 years non-stop. If you visit UK during this time, she will have airport stamps in passport that she was here and ILR should be Ok.
I am not solicitor, but this was always my understanding of this rule.
But then we should define what is considered short periods. If you have ILR but you decided to spend 10 months outside, then returned for 2 months, then again decided to go on business trip for another 10 months. At the same time you have ties with the UK, then will it revoke?newperson wrote:Sorry, but bad advice. Very bad. :-/JohnM wrote:I am not solicitor, so double check it. But as far as I understand ILR will be removed if she will be out of UK for 2 years non-stop. If you visit UK during this time, she will have airport stamps in passport that she was here and ILR should be Ok.
I am not solicitor, but this was always my understanding of this rule.
UKBA wrote:If you have been away for more than 2 years, you may still qualify to return to live in the UK if, for example, you have strong family ties here or have lived here most of your life.
If you have been away for more than 2 years, you must apply for a visa or an entry clearance certificate before you can return here. For more information, see the How to apply page.
Did you read my post with the passage from the UKBA website about visiting?JohnM wrote:But then we should define what is considered short periods. If you have ILR but you decided to spend 10 months outside, then returned for 2 months, then again decided to go on business trip for another 10 months. At the same time you have ties with the UK, then will it revoke?newperson wrote:Sorry, but bad advice. Very bad. :-/JohnM wrote:I am not solicitor, so double check it. But as far as I understand ILR will be removed if she will be out of UK for 2 years non-stop. If you visit UK during this time, she will have airport stamps in passport that she was here and ILR should be Ok.
I am not solicitor, but this was always my understanding of this rule.
I think very bad advice is not to discuss things but categorically say - you will loose it. Well, if you want to give good advice, give it in full then with all details. What would be considered short periods of visit. What will demonstrate no ties with the UK, etc. Because I can't believe laws in this country can be THAT categorical. They genuinely lived in UK and want to continue to live here.
I think it can depend on different things. For example, if they have home here, can they demonstrate ties with the UK, how they pay taxes, etc.
Agreed. But it is better than no possibility and it is specifically mentioned on their website. I just wonder what the real possibilities are. Could she come back with her family in tow and get ILR back right then?wpilr_nov12 wrote:Anything with 'may' is a high risk proposition, esp with respect to UKBA.
May, when used in legal texts, refers to permission rather than possibility (because being vague is not desirable with rules and guidance). May I borrow your umbrella? Yes, you may. This treatment of that modal verb is standard throughout UKBA guidance. Were it otherwise, the decision would depend on whether the caseworker was in a good mood that day rather than if the applicant met the particular condition that may (is permitted to) be applied.wpilr_nov12 wrote:Anything with 'may' is a high risk proposition, esp with respect to UKBA.