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ILR can Lapse?

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RS204
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Joined: Thu Mar 12, 2020 4:29 pm
India

ILR can Lapse?

Post by RS204 » Thu Mar 12, 2020 4:35 pm

Hi All,

I have my ILR since Dec, 2018. And I have been living here for 9+ years lawfully. Now I have a job in Asia so I want to move there.
I will keep travelling to UK every few months for work, friends, etc.

But I have been hearing that if I dont live in UK for 2 years than my ILR can lapse? What does that mean?
In my case, if I keep coming to UK say every 6 months than my ILR will remain valid for long term (5-10 years). Is my understanding correct?

Many thanks,
Rushabh

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zimba
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Location: UK
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Re: ILR can Lapse?

Post by zimba » Thu Mar 12, 2020 4:43 pm

RS204 wrote:
Thu Mar 12, 2020 4:35 pm
Hi All,

I have my ILR since Dec, 2018. And I have been living here for 9+ years lawfully. Now I have a job in Asia so I want to move there.
I will keep travelling to UK every few months for work, friends, etc.

But I have been hearing that if I dont live in UK for 2 years than my ILR can lapse? What does that mean?
In my case, if I keep coming to UK say every 6 months than my ILR will remain valid for long term (5-10 years). Is my understanding correct?

Many thanks,
Rushabh
ILR is granted to people who are settled in the UK and want to live here on a permanent basis. People with ILR are still subject to immigration control and are readmitted to the UK as returning residents. ICO at the border have to ensure you qualify as a returning resident (your intentions are to live here on a permanent basis).
If you have an absence of more than 2 years from the UK, ILR status will be automatically lost. Short visits will not maintain the ILR status. UKVI might simply revoke your ILR at the border and send you home if it looks you are not a returning resident. Short visits mean you are not a resident here. I suggest to obtain British citizenship if you do not want to risk your ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

RS204
Newly Registered
Posts: 4
Joined: Thu Mar 12, 2020 4:29 pm
India

Re: ILR can Lapse?

Post by RS204 » Wed Mar 18, 2020 11:29 am

Thank you for the reply. So if I decide to apply for Citizenship - there is a question about my current employment. What should I write there?
I am currently employed? Yes.
And than it asks for the company name and address. But my payroll company is now in Singapore. So should I write about the Singapore address as my current employer?

Many thanks

RS204
Newly Registered
Posts: 4
Joined: Thu Mar 12, 2020 4:29 pm
India

Re: ILR can Lapse?

Post by RS204 » Wed Mar 18, 2020 11:32 am

By the way, I did not mention earlier. But my family is all in UK and all are British Citizens now.

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Zerubbabel
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Re: ILR can Lapse?

Post by Zerubbabel » Wed Mar 18, 2020 12:00 pm

In my case, if I keep coming to UK say every 6 months than my ILR will remain valid for long term (5-10 years). Is my understanding correct?
You will be playing cat/mouse game with the Home Office. If you come back just for a short time to "reset the counter", at one point, you risk losing your ILR. Nobody can give you a guarantee for how long you can do this. I heard about people doing it for more than 10 years but there are testimonies online from people who got their ILR revoked for much shorted than that.

The guidance is here:
https://assets.publishing.service.gov.u ... ctober.pdf

They can even take it at the border:
indefinite-leave-to-remain/ilr-revoked- ... 05973.html

Also, applying for citizenship while you are working and paying taxes in Singapore, is not going to fly well neither :( The intention when applying is to live in the UK. If you are pursing a professional career abroad, that can be a strong indicator that you have no intention to settle in the UK.

RS204
Newly Registered
Posts: 4
Joined: Thu Mar 12, 2020 4:29 pm
India

Re: ILR can Lapse?

Post by RS204 » Wed Mar 18, 2020 5:00 pm

thanks for the honest feedback. I guess I will wait until my ILR has lapsed and if I dont return to UK by then, then I will apply for Returning resident. That seems to be the safest option.

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