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ILR & Being out of UK

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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jilpangs
Member
Posts: 169
Joined: Sun Jan 17, 2010 1:52 pm

ILR & Being out of UK

Post by jilpangs » Sat May 12, 2018 11:23 pm

Hi,

My wife and my 8 year old daughter both got ILR and i hold British passport.

My wife and kid leaving to India for 12 months (or Might extend to 18 - 20 months) due to personal reasons.
My daughter will continue studies in india during this period.

I'm aware of 24 months rule in which if they dont return with in 24 months they lose their ILR?
And i think it doesn't apply for my daughter as she is minor (please correct me if im wrong).

Anything else we need to be aware? will we face any issues if they return after 20 months of gap.

Thanks
Jil

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR & Being out of UK

Post by vinny » Sun May 13, 2018 2:11 am

jilpangs wrote:
Sat May 12, 2018 11:23 pm
I'm aware of 24 months rule in which if they dont return with in 24 months they lose their ILR?
And i think it doesn't apply for my daughter as she is minor (please correct me if im wrong).
Risky thoughts daughter.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jilpangs
Member
Posts: 169
Joined: Sun Jan 17, 2010 1:52 pm

Re: ILR & Being out of UK

Post by jilpangs » Sun May 13, 2018 7:48 am

Sorry, are you saying it is more risky for my daughter? i couldnt find anything on minor on the link provided. can you please point out?

Returning resident is for people staying more than 24 months right? does my wife fall under RR category even if she returns with in 12 or 20 months?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR & Being out of UK

Post by vinny » Sun May 13, 2018 8:10 am

jilpangs wrote:
Sat May 12, 2018 11:23 pm
And i think it doesn't apply for my daughter as she is minor (please correct me if im wrong).
I meant thinking that the returning residents rules doesn't apply to minors is risky.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

CHILDSY1976
Newly Registered
Posts: 6
Joined: Sun Apr 22, 2018 5:34 am
Australia

Re: ILR & Being out of UK

Post by CHILDSY1976 » Mon May 14, 2018 7:48 am

I wouldnt be to confident on the 24 month rule, apparenlty the Returning resident visa is needed even if its less then 2 years, not a 2 week holiday but in long absence periods. for example most RRV get rejected because of the over 2 years, which can only mean you need one for under 2 years? If you give up residnce to excplore other options but remain away for less then 2 years i would get a RRV before flying

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