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ILR returning resident (under 2 years)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Bryce
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Joined: Wed Mar 13, 2013 11:34 pm
Location: Brighton
New Zealand

ILR returning resident (under 2 years)

Post by Bryce » Tue Feb 21, 2017 9:54 am

Hi, I have an ILR starting from March 2013 (originally ancestry visa). I "didn't get around to" applying for citizenship, then in late November 2015 had to leave the UK to come back to New Zealand when my sister was diagnosed with terminal cancer. I had reluctantly presumed that life had changed forever (she left some kids behind) but after a year of trauma, the family has bounced back surprisingly well, I'm missing the UK, and now seeing it would be feasible to come back.

Now I know the official blurb is that I can come back within two years (https://www.gov.uk/government/publicati ... -qualifies) and am thinking to do so maybe around July this year, which would be well short of the two years – but admittedly over a year since my sister's death.

So I'm wondering if I will get really interrogated at the border, and how best to deal with it. Will I have to show evidence of grief counseling or something? (I will have my sister's death certificate at the very least). And how can I prove I intend to settle in the UK? I still have bank accounts active, lots of friends, and also business contacts who would vouch for me and be keen to hire me/work with me again, but what else might be of use?

If they decline my returning status can I appeal, or at least still enter on a visitor's visa for a few weeks to not have to humiliatingly fly straight back to NZ at huge expense?

Does anyone have any experiences, anecdotes or advice?

And lastly, once I do get back in, would I be able to apply for citizenship or would I need to wait a year or something to prove my intentions?

Thanks

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CR001
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Re: ILR returning resident (under 2 years)

Post by CR001 » Tue Feb 21, 2017 10:09 am

You should not have an issue returning on your ILR status.

For citizenship, you will have to meet the relevant absence requirements so when you will qualify, depends on when you apply and what your absence is in total at that point (450 days in last 5 years and 90 days in last 12 months immediately prior to submitting application).
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Bryce
Newly Registered
Posts: 14
Joined: Wed Mar 13, 2013 11:34 pm
Location: Brighton
New Zealand

Re: ILR returning resident (under 2 years)

Post by Bryce » Mon Mar 06, 2017 9:18 am

Thanks for the advice. So regarding what you said:
[i]"For citizenship, you will have to meet the relevant absence requirements so when you will qualify, depends on when you apply and what your absence is in total at that point (450 days in last 5 years and 90 days in last 12 months immediately prior to submitting application)"[/i]
what does it mean then if I've been away more (a lot more) than 450 days in the last 5 years? When I land in July this year it will be 595 days I've been away (also not including time away on holidays etc while living in the UK 2012-2015). Am I ineligible until I accrue another 5 years or something?

Getting back in on my ILR is the main priority but it would be good to know even though I can't do anything about it right now.

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CR001
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Re: ILR returning resident (under 2 years)

Post by CR001 » Mon Mar 06, 2017 10:19 am

You will only be eligible for citizenship once your absences are within the absence allowance. You will need to work that out based on your travel history.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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