UK Port of entry immigration on ILR (3 years continous outside UK)

rajeshwarc200 · Post by **rajeshwarc200** » Wed May 10, 2023 7:33 pm

Hi,
I need some advice Some advice regarding my wifes ILR status ( I am on British passport) which is valid until 31-12-2024) and has been in India since 2019 (she travelled last time to UK in July 2021 and back India after 15 days stay )

Unfortunately she is struggling now to travel to UK due to pregnancy reason and health issues (She requires to travel before July 2023 for avoiding continuous stay 2 years outside UK)

1. How difficult is it get returning resident visa as I heard there have been refusal cases historically ( we own a house in UK and plan to keep it)

2.The house is mortgaged in both our names ( we both are currently in India and plan to stay further for few more years) so what happens if we dont inform banks once her ILR status is lapsed in 2024 ( Mortgage renewal is due 2027)

Really appreciate any pointers on the above

Cheers,
R

Post by **zimba** » Thu May 11, 2023 9:39 am

After 24 months, her ILR will lapse and she needs a returning resident visa. Short visits to the UK do not necessarily maintain ILR status either

general-uk-immigration-forum/keeping-il ... l#p2037249

It is all up to the UKVI to decide if her status can be reinstated or not. You should inform your mortgage provider regarding any changes as per your mortgage conditions and requirements.

rajeshwarc200 · Post by **rajeshwarc200** » Sat Jul 20, 2024 9:11 pm

Hi All,

my wife is on ILR valid until this year end and not been to UK since last 3 years ( last visited UK in July 2021 for a week and left )
She wasn't able to come back due to my sons medical condition( autism) for better care and support also due to our new born son in India last year and recived British passort recently i

We wanted to return to UK as we have house mortgaged in both our names

Some friends have suggested that I can come directly without Returning resident visa and explain Immigration officer at Heathrow airport who would either allow due to my sons medical grounds and compelling/maternity reasons or either allow her on temporary visa or reapply dependent visa as we all 3 are on British passport ( myself and my 2 sons) except wife

Is it worth taking a chance or apply RR(returning resident) as many have advised this route directly port of entry and we fear there are rejection chances for RR as even I was in India since 3 years with wife to support child

Really appreciate any pointers as we heard many have travelled after ILR was lapsed (stayed outside UK more than 2 years) and still managed to clear immigration after explaining the immigration officer

Thanks,
R

Post by **vinny** » Sun Jul 21, 2024 1:17 am

rajeshwarc200 wrote: ↑
Sat Jul 20, 2024 9:11 pm
Some friends have suggested that I can come directly without Returning resident visa and explain Immigration officer at Heathrow airport who would either allow due to my sons medical grounds and compelling/maternity reasons or either allow her on temporary visa or reapply dependent visa as we all 3 are on British passport ( myself and my 2 sons) except wife

Is it worth taking a chance or apply RR(returning resident) as many have advised this route directly port of entry and we fear there are rejection chances for RR as even I was in India since 3 years with wife to support child

Really appreciate any pointers as we heard many have travelled after ILR was lapsed (stayed outside UK more than 2 years) and still managed to clear immigration after explaining the immigration officer

Please ask these travellers with lapsed leave if they had successfully entered after the rules changes from July 2018.

It’s probably safer to apply for a Returning resident visa, if ILR has lapsed, than trying Entry at the border?

RR 3.1.

A person seeking to come to the UK as a Returning Resident must apply for and obtain an entry clearance as a Returning Resident before they arrive in the UK.

Post by **zimba** » Sun Jul 21, 2024 2:16 am

rajeshwarc200 wrote: ↑
Sat Jul 20, 2024 9:11 pm
Hi All,

my wife is on ILR valid until this year end and not been to UK since last 3 years ( last visited UK in July 2021 for a week and left )
She wasn't able to come back due to my sons medical condition( autism) for better care and support also due to our new born son in India last year and recived British passort recently i

We wanted to return to UK as we have house mortgaged in both our names

Some friends have suggested that I can come directly without Returning resident visa and explain Immigration officer at Heathrow airport who would either allow due to my sons medical grounds and compelling/maternity reasons or either allow her on temporary visa or reapply dependent visa as we all 3 are on British passport ( myself and my 2 sons) except wife

Is it worth taking a chance or apply RR(returning resident) as many have advised this route directly port of entry and we fear there are rejection chances for RR as even I was in India since 3 years with wife to support child

Really appreciate any pointers as we heard many have travelled after ILR was lapsed (stayed outside UK more than 2 years) and still managed to clear immigration after explaining the immigration officer

Thanks,
R

BRP validity does not mean ILR status is not lost. ILR is simply an immigration status without a time limit, so the BRP expiry date does not mean much (the BRP is just a travel document). If her ILR has lapsed then having a valid BRP does not help. If her ILR has lapsed, she will run the risk of being refused entry or being admitted as a visitor or on a temporary basis. The returning resident visa is the best option.

There is an official guide on this: https://assets.publishing.service.gov.u ... idents.pdf

Post by **AmazonianX** » Sun Jul 21, 2024 2:41 am

If she has stayed outside the UK for more than 2years. ILR lapsed. Instead of listening to hearsay, apply for Returning Resident visa as the safer option.

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