"Returning resident" query on ILR

[milz]

Dear friends,

I am a British citizen and my wife came last year in July 2012 on spouse visa. We were lucky we applied for her spouce visa before the rule changed that the waiting period for ILR is 5 years.

Currently she is on the old rules and is eligible for her ILR in June 2014 (2 years on Spouse visa).

My wife does have family commitments and my query is:

(1) Once she gets her ILR how long can she stay outside the UK?
(2) Does she has to visit the UK for certain amount of week per year? If yes how many weeks per year?

thanks in advance.

Milz.

[physicskate]

This is my understanding of how it all works...

(1) Once she gets her ILR how long can she stay outside the UK?
She cannot be resident outside the UK for more than 2 years. If she were to become a naturalised citizen after a year of ILR, she would become free to move to another country and not lose the right of residence in the UK.

(2) Does she has to visit the UK for certain amount of week per year? If yes how many weeks per year?
She cannot be RESIDENT outside the UK for more than 2 years - visiting does not suffice. Because there are not currently exit checks in Britain, if she were to be elsewhere in the EU, she would probably get away with just visits. If she is resident outside the EU and gets visa stamps, these would be a telling story that she is not actually resident....

but hey, I am sure I will be corrected if I am wrong!

[milz]

many thanks physicskate for your reply.

I am trying to make sure my Wife maintains her ILR status and the way is that she should not stay outside the UK for more than 2 years (24 months).

So basically does it mean she can stay outside the UK for 23 months at a stretch and return back to UK before her 24 months expires and she will still not loose her ILR status?

Also when she does return back to UK does she gets an added 2 years to stay outside the UK ?

Milz.

[physicskate]

It doesn't really work like that. She must be returning to be RESIDENT i.e. living here and putting down roots.

Why does your wife need ILR if she just wants to come for short visits? Surely she could just do that on a visitor visa.

[milz]

many thanks physicskate for your advise and I shall make a decision soon of which route to take.

Currently her visa expires in July 2014 and if she plans to leave the UK this month can she stay outside the UK for about 6-8 months and come back to UK on her spouse visa?

Milz.

[shal1981]

Yes I she can

[sh1981]

many thanks physicskate for your reply.

I am trying to make sure my Wife maintains her ILR status and the way is that she should not stay outside the UK for more than 2 years (24 months).

So basically does it mean she can stay outside the UK for 23 months at a stretch and return back to UK before her 24 months expires and she will still not loose her ILR status?

Also when she does return back to UK does she gets an added 2 years to stay outside the UK ?

Milz.

yes she can stay outside for 23 months.

http://www.ukba.homeoffice.gov.uk/polic ... les/part1/

Returning Residents
18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii) has not been away from the United Kingdom for more than 2 years; and
(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
(iv) now seeks admission for the purpose of settlement.
19. A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.



so say if you entered uk for 1 day after an absence of 2 yrs then i'd say to be safe, stay here for 1 more year instead of 1 day. that would satisfy point (ii). ilr can be taken away by the way. anyway thats my opinion.