Given leave to enter the UK with ILR after 6 years absence

[ned0008]

Dear knowledgeable people, I've got an immigration issue and would really appreciate some advice. I entered the UK after being abroad for 6.5 years. I have been resident in the UK since 1978 It seems that the 'two year rule' for ILR was brought in whilst I was away traveling. I left the UK in 2011 for a long trip exploring various countries and returned in January of this year [2016] I only found out about the two year rule about a year ago! and decided to face immigration with the hope that they would let me in. The immigration officer asked to see my ILR stamp in my old passport, but didn't ask how long I'd been away from the UK, she let me through as usual. My question is related to transferring my ILR to my new passport [seems that I need to get a BRP instead] in the NTL form there is a section requesting details of absences from the UK [of 6 months or more I recall] if I give details of my 6 year absence are they going to reject my application and revoke my ILR?? or as I was let in by the immigration official does that mean that they have 'recognised my ILR as valid'? I am nervous about applying for my BRP, but as far as I know I will need that in order to sponsor my fiance to come over from the philippnes [or could I use the ILR in my old passport for her spouse visa application?? many thanks for your help

[marcnath]

Dear knowledgeable people, I've got an immigration issue and would really appreciate some advice. I entered the UK after being abroad for 6.5 years. I have been resident in the UK since 1978 It seems that the 'two year rule' for ILR was brought in whilst I was away traveling. I left the UK in 2011 for a long trip exploring various countries and returned in January of this year [2016] I only found out about the two year rule about a year ago! and decided to face immigration with the hope that they would let me in. The immigration officer asked to see my ILR stamp in my old passport, but didn't ask how long I'd been away from the UK, she let me through as usual. My question is related to transferring my ILR to my new passport [seems that I need to get a BRP instead] in the NTL form there is a section requesting details of absences from the UK [of 6 months or more I recall] if I give details of my 6 year absence are they going to reject my application and revoke my ILR?? or as I was let in by the immigration official does that mean that they have 'recognised my ILR as valid'? I am nervous about applying for my BRP, but as far as I know I will need that in order to sponsor my fiance to come over from the philippnes [or could I use the ILR in my old passport for her spouse visa application?? many thanks for your help

One thing is clear - providing incorrect information in any application to UKVI is infinitely more risky than facing the problems regarding your absence. So, if they ask for your absences, don't even think of not providing it.

A relevant discussion can be found at indefinite-leave-to-remain/got-returnin ... 34310.html

In summary
1. ILR is the right to remain, not to enter.
2. Since you can have only one Visa category, you lose your ILR if you enter the country under any other Visa - e.g. as a tourist (and this has nothing to do with your stay away)
3. If you have an ILR and return within 2 years, you don't need a Visa to enter the UK. Hence the ILR remains valid as you have not entered on another visa category.

So, the key to your status is whether you were given entry without a visa, i.e. as a returning resident. If so, you never lost your ILR.

But, as you can see in the other thread, UKVI can mess up. So, you need to be ready for a fight.

Caution - I am not a lawyer, much less an immigration lawyer. This is my understanding of reading the rules. And I have learnt the hard way that sometimes courts interpret it differently and set precedents.

So, check with a proper lawyer.

[ned0008]

Many thanks for your thoughts and information marcnath, I really appreciate your reply.