Returning Resident Visa

[MAICOU]

Hi,

I’m a Japanese passport holder and have been living in the UK from 2012, and then granted my indefinite leave to remain in 2014.
My husband (a British citizen) will be posted overseas at the end of this year for a 3 years assignment and I will be moving there with him.
I’ve checked Home Office website and learnt that I may need a returning resident visa on my return in 3 years time.
https://www.gov.uk/returning-resident-visa
However we plan to come back here at least once a year for a holiday etc.
In that case, will my ILR remain valid or as long as the officers see that my living base is not here in the UK, it will be expired after 2years and I will be asked to get a returning resident visa?
(Please note my husband works for a private corporation, so I won’t fit in that exemption category.)

Many thanks for your advice!

[Casa]

Short visits back to the UK won't preserve your ILR if you are residing overseas for a period of 24 months or more.

The issuing of a Returning Resident visa after a period of absence of 2 years or more is at the discretion of the ECO. It would be wise to read through the information in the link below and in particular Section 5.
https://www.gov.uk/government/publicati ... nts-set-09

Have you decided against applying for British citizenship due to Japan not permitting dual nationality?

[iworker]

if your husband is british and you have got ilr, u could apply for nationality now, if u want. U do not have to wait for a year.
That is of course if u want to apply for nationality.

[CR001]

if your husband is british and you have got ilr, u could apply for nationality now, if u want. U do not have to wait for a year.
That is of course if u want to apply for nationality.

OP holds ILR for 5 years, since 2012 but as OP is Japanese, they might not want to give up their citizenship as Japan does not recognised dual nationalities, hence Casa's question.

[MAICOU]

Thank you Casa, iworker and CR001 for your reply.

I understand it will solve all the problems if I get a British nationality, but as CR001 mentions I'm not thinking to give up my Japanese citizenship. (So pity my country doesn't allow dual nationalities in the 21st century. It's such an old fashioned mindset, we have..)
So I guess I have to wish my best of luck to get a returning resident visa in 3 years, when we are returning to the UK.
My husband will remain as a UK tax-payer as he will work for an overseas branch of a British company which he is currently working for and I will be his dependant during that period. I work full time now and hove done so for the last 5 years since I started living in the UK, as well as back in Japan.
I will keep paying for National Insurance for the period of my absence from this country.
Also we have a property under our both names (we both had a moregate 2 years ago), so hopefully the ECO will be considerate to our case.
If RRV fails, I will probably have to start from the scratch by applying for a spouse visa, which I hope won't happen, It's painful from a financial point of view and of course it's time consuming and revokes many of my entitlements I had....
If you have any tips that you think it might make my application stronger, that would be highly appreciated.

Thanks again.

[Casa]

Collect all the evidence you can of retaining ties to the UK during your time away.

[marcnath]

Thank you Casa, iworker and CR001 for your reply.

I understand it will solve all the problems if I get a British nationality, but as CR001 mentions I'm not thinking to give up my Japanese citizenship. (So pity my country doesn't allow dual nationalities in the 21st century. It's such an old fashioned mindset, we have..)
So I guess I have to wish my best of luck to get a returning resident visa in 3 years, when we are returning to the UK.
My husband will remain as a UK tax-payer as he will work for an overseas branch of a British company which he is currently working for and I will be his dependant during that period. I work full time now and hove done so for the last 5 years since I started living in the UK, as well as back in Japan.
I will keep paying for National Insurance for the period of my absence from this country.
Also we have a property under our both names (we both had a moregate 2 years ago), so hopefully the ECO will be considerate to our case.
If RRV fails, I will probably have to start from the scratch by applying for a spouse visa, which I hope won't happen, It's painful from a financial point of view and of course it's time consuming and revokes many of my entitlements I had....
If you have any tips that you think it might make my application stronger, that would be highly appreciated.

Thanks again.

If you have strong ties to the UK (as you appear to have) and have a good reason for being away (accompanying spouse on posting) then you should normally get the returning Visa without any issues.

You may not even need the returning Visa as the ECO has the discretion to let you come in as a resident, but it is much safer to apply for the returning Visa.

Just one thing to note - make sure that every time you come in, you are admitted as a resident - your BRP number would be noted against the entry stamp and there would be no end date.

If the ECO stamps you in as visiting (and it can happen since you don't need a Visa to come in and you would be coming in for a short period) on any of your trips, your ILR ends (because you can't hold two types of Visa at the same time) and you will need to restart the ILR application process.

So check your entry stamp as soon as you clear immigration and get it corrected if it is stamped wrongly.