5 yrs for ILR - retrospectively?

[LoveUK]

I do not understand how "applying the rule retrospectively" in the new rule of 5 yrs for ILR affects me?

I have an ILR and I am staying away from UK for the past 1.5 yrs. In view of this new rule, do I still have ILR? I am concerned as I am planning to return to UK in next month.

Also will this affect prospects of getting ILR for my kid which I am planning to apply.

I am sorry, if this issue is addressed some where in the forum. I checked few responses but could not get the answers.

[JAJ]

I do not understand how "applying the rule retrospectively" in the new rule of 5 yrs for ILR affects me?

I have an ILR and I am staying away from UK for the past 1.5 yrs. In view of this new rule, do I still have ILR? I am concerned as I am planning to return to UK in next month.

Also will this affect prospects of getting ILR for my kid which I am planning to apply.

The 5 year rule is concerned with the acquisition of ILR, not keeping ILR once you already have it.

You need to return to the UK to resume residence within 2 years of leaving. And even then there can be problems if Immigration think you are just using ILR to visit the UK.

If your child was not born in the UK, you will need entry clearance for the child - http://www.ukvisas.gov.uk

Also be aware that your 1.5 year absence may cause issues with your naturalisation eligibility. You should read the Home Office Nationality Instructions on excess absences and whether you qualify for a waiver, if not, you'll have to re-start the 5 residence period (assuming you're not married to a British citizen) from scratch.

[LoveUK]

Thanks JAJ.

How can I know if I can use my ILR for the impending visit? If I know in advance, I can ask my employer to apply for workpermit.

I was under impression that I can use ILR for the first time if I am returning with in 2 yrs and might face problems there after if I try to use it as "glorified visitor's visa" (as John says). Is this not true?

Also I understand there should not be any problems in getting work permit having ILR. Correct me if I am wrong.

[JAJ]

Thanks JAJ.

How can I know if I will be able to use my ILR for the impending visit? If I can know in advance, I can ask my employer to apply for workpermit.

I was under impression that I can use ILR for the first time if I am returning with in 2 yrs and might face problems there after if I try to use it as "glorified visitor's visa" (as John says). Is this not true?

Usually that's the case. But what are you planning to do - visit the UK, or move back to the UK?

You should not even be thinking about options like "work permit" without consulting an experienced immigration solicitor.

[LoveUK]

I will be on a 6 months assignment. I am currently working for the Indian division of that company.

However I am planning to settle in UK after the 6 months tenure if I managed to get a permanent job there.

[LoveUK]

Can some one answer to my question

"How can I know if I can use my ILR for the impending visit?"

Also I think I might get to know if I have a valid ILR when I apply for my Kid's ILR. If the ILR (or ILE) get's accepted, that implies my ILR is valid. Does that make sense?

[John]

I was under impression that I can use ILR for the first time if I am returning with in 2 yrs and might face problems there after if I try to use it as "glorified visitor's visa" (as John says). Is this not true?

No, that is not my understanding at all!

Within two years (of your last exit) you can use your ILR to resume residence. However if it becomes clear that you are just coming back to visit rather than to resume residence then you may encounter problems.

After two continuous years outside the UK then you need to get permission from your nearest British Mission to be treated as a returning resident ... application on form VAF1.

So your choice of words :-

How can I know if I can use my ILR for the impending visit?

-: concerns me, but then you go on to say :-

If I know in advance, I can ask my employer to apply for workpermit.

-: which implies you are not coming back for a visit, but indeed to resume residence.

Don't use inappropriate words when talking to the Immigration Officer at the UK Port of Entry.

[ppron747]

I would not, were I in your shoes, regard the forthcoming return to UK as a "visit" - I'd regard it as resuming the residence that was interrupted 18 months ago - especially since the plan is to live here long-term if a suitable job materialises.
The problem experienced by the 22 year-old teenage child (!) in the other thread you've mentioned seems to have arisen through his having (truthfully?) told the IO that he was just visiting his mother. If you - equally truthfully - tell the IO on arrival (if you're asked) that you are returning here to live and work for the foreseeable future, I cannot see that you'll have any difficulties...

[LoveUK]

Thanks for correcting me John. Appreciate it.

Indeed I am coming back to UK for work and to resume residence.

My reasons for going to India was to look after my parents as they suddenly fell ill. All these months I have been working for a UK client at Indian location. Will these facts also help me in convincing the imigration officer?