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Returning resident ILR
Posted: Mon Sep 10, 2012 7:45 pm
by gopinath75
I have got ILR and I am residing in India and keep coming to the U.K once in 2 years and how long can I do in in this way in order to retain my ILR status . My friend wants to know.
Thank you.
Posted: Mon Sep 10, 2012 8:01 pm
by John
ILR cannot be used like some glorified visitor visa. It can be used to "resume residence".
So my question is, the last time the person entered the UK on their ILR, how long did they actually stay in the UK?
Also when they enter the UK, will it indeed be to "resume residence"?
Posted: Mon Sep 10, 2012 8:55 pm
by NOG
John, have there been instances on this board where a person has actually lost their ILR status because of using ILR as a glorified visitor visa like you mention below? I appreciate that on paper/by guidance, ILR is not supposed to be used to gain entry to pop over to the UK for a day within the 2 years period in order to maintain status-co. However, is this effectively prevented by UKBA and have there been any instances where a person's ILR has been curtailed because of this reason? Many thanks.
Posted: Mon Sep 10, 2012 9:09 pm
by John
I am not aware of anyone reporting a problem, but my own experience, when my own wife had ILR, was that the question was asked when returning to the UK, words to the effect of "why are you re-entering the UK?".
Posted: Mon Sep 10, 2012 9:50 pm
by NOG
John, Thanks. I know this is perhaps a difficult question and open to speculation but what would be considered as being reasonable time away out of the UK? Would 6 months away, 6 months in the UK be considered acceptable in your view?
Posted: Mon Sep 10, 2012 9:59 pm
by John
I would expect, yes, and far preferred to say one week in the UK followed by many months out of the UK, which might cause more severe questioning from the Immigration Officer at the Port of Entry.