Retaining ILR Status

[ap11]

Hi,

I'm a British Citizen and my wife has an ILR status in the UK.

We are planning to move and live abroad for a few years (Outside the EU). My wife is an Indian national and doesn't want to apply for British Citizenship.

My question is, if we do live outside the EU for a few years (e.g. 10 years) and return back to the UK, will she still have a valid ILR status and will she be allowed to enter the UK without any hassles? (She obviously will have strong ties to the UK, being my wife??!)

We do not own a property in the UK, would it help if she owned a house/property/bank accounts here in her name?

Thanks in advance..

AP

[crusador0408]

As far as I am aware, if you hold an ILR status you need to come back within 2 years in order to keep your ILR in good standing.
I am not sure about your reasons of not applying for citizenship. I would advise if possible to review your decision and get citizenship and then you are free for that.

[sh1981]

Hi,

I'm a British Citizen and my wife has an ILR status in the UK.

We are planning to move and live abroad for a few years (Outside the EU). My wife is an Indian national and doesn't want to apply for British Citizenship.

My question is, if we do live outside the EU for a few years (e.g. 10 years) and return back to the UK, will she still have a valid ILR status and will she be allowed to enter the UK without any hassles? (She obviously will have strong ties to the UK, being my wife??!)

We do not own a property in the UK, would it help if she owned a house/property/bank accounts here in her name?

Thanks in advance..

AP

why wouldnt she want british nationality when you can keep both indian and british (im not sure but im assuming you can).

and no she has to enter within 2 yrs or ilr is gone forever n ever!

if you have so much money as to buy a home for her, then perhaps you should consider a visit visa and stay in a hotel when you come next.

otherwise i think entrepreneur however you spell it might be a good idea look into that.

[vinny]

Also see returning residents

[uksettlement]

why wouldnt she want british nationality when you can keep both indian and british (im not sure but im assuming you can).

Yes that's a assumption as India doesn't allow dual nationality!

[ap11]

Thanks for your replies.

Yes that's right, India doesn't allow dual nationality (at the moment!), so if my wife takes up British citizenship, she needs to give away her Indian nationality and passport which she doesn't want to do, and I appreciate it.

I'm just concerned that if she loses her ILR status for living aboard for many years, then she has to go back to applying for dependent visa etc etc...which is a lot of hassle!!

The UKBA website says, you will be allowed back into the UK as a returning resistent, even if you have lived more than 2 years outside, if you can show strong ties to the UK. Now, they dont clearly explain what this is.... is being married to a British citizen enough or she needs to have a house here etc etc...

If anyone has had this experience or if there is an official UKBA link where this situation is explained, please do share and I'd really appreciate it.

Thanks,
AP

[vinny]

An ILR holder would be subject to the returning residents provisions.

[sh1981]

Thanks for your replies.

Yes that's right, India doesn't allow dual nationality (at the moment!), so if my wife takes up British citizenship, she needs to give away her Indian nationality and passport which she doesn't want to do, and I appreciate it.

I'm just concerned that if she loses her ILR status for living aboard for many years, then she has to go back to applying for dependent visa etc etc...which is a lot of hassle!!

The UKBA website says, you will be allowed back into the UK as a returning resistent, even if you have lived more than 2 years outside, if you can show strong ties to the UK. Now, they dont clearly explain what this is.... is being married to a British citizen enough or she needs to have a house here etc etc...

If anyone has had this experience or if there is an official UKBA link where this situation is explained, please do share and I'd really appreciate it.

Thanks,
AP

i dont see why cant she just get a visit visa when she wnats to come bk after 10 years!

secondly after quickly reading up on the indian immigration i can see they have this PIO thing (person of indian origin) where you just have to show ancestoral ties or well if you were a former citizen, and you get same rights as a citizen. you probably cant run for president but i dont think you intend to do that anyway.