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Will the ILR Status remain valid?

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

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dr.watson
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Joined: Mon Dec 27, 2010 11:15 am

Will the ILR Status remain valid?

Post by dr.watson » Mon Dec 27, 2010 11:17 am

Hi,

I have ILR but I am planning to leave UK completely and work in a different country.

I will come every 2 year to UK and keep my ILR status valid.

Is this a possibility?

Regards,
Dr. Watson

aosun007
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Joined: Wed Mar 10, 2010 8:40 pm

Post by aosun007 » Mon Dec 27, 2010 11:34 am

why every 2years and why not every year.

As long as you can return before 2 years of leaving UK it should not be a problem.

though i dont have ILR yet but everyone know the implication of staying out of UK for more than 2 years.

dr.watson
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Joined: Mon Dec 27, 2010 11:15 am

Post by dr.watson » Mon Dec 27, 2010 11:41 am

Just that more than 2 years will anyway make it invalid. But just to be sure, I will not be returning to be a resident, just a causal visit, will stay in hotel, not work here. I hope immigration office will not ask any queries as long as its within a 2 year period. Even if I keep doing this for years together.

aosun007
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Posts: 118
Joined: Wed Mar 10, 2010 8:40 pm

Post by aosun007 » Mon Dec 27, 2010 4:05 pm

Superficially you can still have ILR coming on casual visits.
but technically you can loose it.
why?
God forbid,one of them can just insist one day when you are passing through point of entry after sometime that you are not ready to make UK your home thereby......

Remember,everybody is told you are no more subjected to immigration control on having ILR but why is ILR holders still fill landing cards when coming to UK,technically they are saying Ilr holders are still subjected to IC invariably they are saying it can still be withdrawn from anyone considering circumstances known to them only.

lets remember laws or rules can be twisted to favour anyone.

hope you understand my message.

I am still learning too,forgive me for any offensive comments

dr.watson
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Posts: 9
Joined: Mon Dec 27, 2010 11:15 am

Post by dr.watson » Mon Dec 27, 2010 8:26 pm

Yes, I understand that risk is always there. But is that legal? How can it be withdrawn if I am visiting UK every 2 years?

vinny
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Post by vinny » Mon Dec 27, 2010 10:59 pm

18 wrote:(iv) now seeks admission for the purpose of settlement.

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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.
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dr.watson
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Joined: Mon Dec 27, 2010 11:15 am

Post by dr.watson » Tue Dec 28, 2010 11:07 am

Hi Vinny,

Thanks. I have seen the Point No. 18 (ii). But has the Home Office got the right to refuse entry even if the ILR person is returning for the sole purpose of keeping the ILR valid nothing else as he is not ordinarily resident in UK.

genorp
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Location: London

Post by genorp » Tue Dec 28, 2010 11:20 am

From UKBA (emphasis my own):
You may return to the UK as a resident if:

you were settled in the UK when you last left; AND
you have been away for two years or less; AND
you are returning to live here permanently; and
you were not given public funds to pay the costs of leaving the UK
If you enter the country and the IO, at his discretion, doesn't believe you are entering with intention to stay he can stamp you in as a visitor and effectively lose your ILR.

Also note this from the parent site of this forum:

http://www.workpermit.com/uk/permanent.htm

You should note that to keep your permanent residence you should not spend longer than two years outside the UK. You should maintain ties to the UK and should consider the UK as your home. If you continue to only spend short periods of time in the UK over many years it is likely that there will come a time when you will lose your indefinite leave to remain in the UK. It is therefore beneficial in most cases to apply for UK citizenship. You can normally apply for naturalisation as an UK citizen one year after being granted indefinite leave to remain and as long as you meet the residence requirements.

And here is a relevant post from this forum:
http://www.immigrationboards.com/viewto ... d67d301b62

dr.watson
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Joined: Mon Dec 27, 2010 11:15 am

Post by dr.watson » Tue Dec 28, 2010 11:24 am

Thanks a lot! I had missed the AND clause.

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