ILR validity/expiry

[theroyale]

Hi All,

Sorry if this has been asked and answered already.

If I get an ILR switching from Tier-1 General, is there a validity period on it? I've heard that you have to come in to the UK every 2 years or something similar. Does this mean an ILR is valid as long as I come to the UK for a couple of weeks every 2 years? Would I have to prove that I am coming in to work, for example?

Note: I have no plans to take citizenship.

[vinny]

ILR holders are subject to the Returning residents provisions.

They expect ILR holders to return to the UK within 2 years for the purpose of settlement (18).

[theroyale]

Thanks Vinny for the links.

Given these could I ask for some subjective advice on my situation:

I am looking to go back to India permanently next year and base my career there. However it would be good to have the option of coming to the UK on say 3-month work contracts every year or two (I work freelance in the UK currently and it would be possible for me to find limited-duration freelance work). Would this be possible to do under the Returning Residents clauses of the ILR? Note I do NOT own a house in the UK, or have family ties. I have lived in the UK only for about 5 years now i.e. not "most of my life".

Or is keeping my Tier-1 (General) visa active and extending it every 2 years the only reasonable option for my situation?

Thanks a lot.

[vinny]

Extending your Tier 1 (General), but working overseas, may be difficult.

Coming back on 3-months work contracts every year while on ILR may be possible in the beginning. However, it may become more difficult in the long run.

[theroyale]

Extending your Tier 1 (General), but working overseas, may be difficult.

Why do you say this? Assuming I can make up the 12-month earnings requirements in the time I am in the UK, as well as book a PEO appointment for extension, would there be any other problem with repeatedly extending the Tier-1 visa in this situation?

Coming back on 3-months work contracts every year while on ILR may be possible in the beginning. However, it may become more difficult in the long run.

Again could you clarify what would change in the long run?

Thanks for your responses...

[Amber]

When you return with ILR you are expected to return to settle here, saying that you are going to India 'permanently' would lead one to suspect that your return to the UK would not meet such requirements. This would be the same for citizenship if your future intentions are not in the UK you would not be naturalised.