Lost BRP and not planning to return to UK- help!

[trose]

Hi everyone,

I'm new to this forum, so I hope you're able to provide me with some advice and reassurance. Apologies in advance for the long post.

I'm an Australian. My British spouse and I are on sabbatical after living in the UK for a total of 5 years together (2 of which on IRL visa). We are travelling and plan to continue until the funds run out, at which point we want to return to the UK to settle. We have been away for 2 years, with several brief visits back to the UK to see family.

Because I'm an idiot and kept my visa in my wallet (WHY!?), which has just been stolen while I'm abroad in the USA, I have to contact the UKBA and register it as lost. Fine. However, because my ILR was issued more than 2 years ago, in order to get it replaced I need to prove that I'm still a resident- which I'm not, and although I've kept an address in the UK for the odd bit of mail to go to, I don't live there at the moment, and don't plan to live there for several more years.

So. My question. Will I get into trouble for not letting the UKBA know we're on sabbatical and not currently living in the UK? It's literally been 2 years since we left this month, so I wouldn't have thought it would be a problem, but... will it?

When we return to the UK, I'm aware I won't be able to just apply for a renewal of my ILR. But will there be any issue in applying for a spouse visa, given my history of leaving the UK for a period of time? Can you see anything is this situation that could jeopardise my chances of getting a spouse visa in the future? The UKBA website doesn't mention anything that causes me worry, but I'm paranoid that in the future this will somehow cause problems down the line.

Also- as a hypothetical, my original plan was to hold on to the visa and return to the UK when we're ready, hoping the UKBA would be none the wiser- after all, we have an address and no-one at the airport has ever blinked an eye at my short visits over the past 2 years. Was that a naive and poorly thought out plan that could have landed me in trouble? (Please say yes- I'm trying to convince myself that losing my BRP isn't a total and utter catastrophe that's going to ruin my life).

Thankyou in advance for any replies.

[CR001]

No issue in applying for a spouse visa in future. You should report your card lost/stolen though.

[trose]

No issue in applying for a spouse visa in future. You should report your card lost/stolen though.

That was a quick reply- thankyou!

Okay, and no problem that you can see with me entering the UK between now and then as a visitor? I know that visitor stamps in the passport can cause issues for renewal of ILR- but that won't be a problem for me as far as you can see?

[CR001]

You cannot renew your ILR as you have lost that status. When you eventually do return to the UK, you will have to start from scratch again with a 5 year residence period on a spouse visa (2 x 2.5 year visas). You will also have to pay the immigration health surcharge of £600 for the first application and £500 for the second, this is in addition to the visa fee.

[trose]

Gotcha. Very reassuring.

If you have the time, could you share your thoughts on my original plan to hold onto my ILR whilst flitting in and out of the country, but not really living there? Was that a terrible idea?

[CR001]

You have lost ILR having been non resident for 2 or more years. Short visits to the UK does not maintain your ILR status.

[trose]

Hi All,

I recently lost my ILR visa while abroad. I am not currently living in the UK so don't actually qualify for it anymore. If I enter the UK to see family (not to work or live or anything- just for a week's stay to visit):

a) will I be able to enter the UK as a visitor after having an ILR or will it cause me problems at the border? (I am Australian and therefore don't need a short stay visa)

b) will the fact that I'm not in possession of a replacement BRP be an issue, given I'm not entering the UK to live or settle?

c) does the visitor's stamp in my passport invalidate my ILR?

If you could give me some reassurance, I'd be grateful. I asked a similar question a few days ago on this forum, but didn't quite get the above points addressed.

[vinny]

Posts merged.

[vinny]

If you enter as a visitor, then your ILR will be cancelled.

[trose]

Thanks Vinny.

If you could just answer the rather crucial part of that question (if you know the answer) which is:

a) will I be able to enter the UK as a visitor after having an ILR or will it cause me problems at the border? (I am Australian and therefore don't need a short stay visa)


thanks.

[vinny]

If you convince them that you are a genuine visitor and satisfy all the rules for a visitor, then they should let you enter as such. E.g. if you are employed outside the UK.

[trose]

If you convince them that you are a genuine visitor and satisfy all the rules for a visitor, then they should let you enter as such. E.g. if you are employed outside the UK.

I'm not employed at all, but I definitely have flights booked out of the UK, and proof that my current place of residence is in the USA. Okay, thanks for your help

[marcnath]

======
FOI 32366

If away from the UK for more than 2 years you may still qualify to return to live in the UK under your previous conditions if, for example, you have strong family ties in the UK or have lived here most of your life. However, as this would be a matter for the Immigration authorities, you would be required to address any further queries to them.

You need a Returning Resident visa to come back to live in the UK if you were previously settled (given ‘indefinite leave to remain’) and you’ve been away for more than 2 years.
=====
So you can try and request to keep your ILR Status. Your frequent visits help justify the strong family ties.

However you should report the BRP loss and take next steps as per their advice.

https://www.gov.uk/returning-resident-visa

[trose]

However you should report the BRP loss and take next steps as per their advice.

The automated email said I needed a replacement BRP to 'return to the UK'. If I'm no longer eligible for the ILR, I figure I do not need to arrange a replacement BRP. Is this correct?

So you can try and request to keep your ILR Status. Your frequent visits help justify the strong family ties.

My understanding is that if I have a visitor's stamp, that invalidates my ILR. Is this correct? It doesn't really matter- I can apply for a family visa if/when I need to in the future.

[marcnath]

My understanding is that if I have a visitor's stamp, that invalidates my ILR. Is this correct? It doesn't really matter- I can apply for a family visa if/when I need to in the future.

Unless you enter on a returning-resident-visa https://www.gov.uk/returning-resident-visa

[trose]

My understanding is that if I have a visitor's stamp, that invalidates my ILR. Is this correct? It doesn't really matter- I can apply for a family visa if/when I need to in the future.

Unless you enter on a returning-resident-visa https://www.gov.uk/returning-resident-visa

Which I don't think I'll be eligible for, since you need to prove 'exceptional circumstances'. Thanks for your replies

[marcnath]

My understanding is that if I have a visitor's stamp, that invalidates my ILR. Is this correct? It doesn't really matter- I can apply for a family visa if/when I need to in the future.

Unless you enter on a returning-resident-visa https://www.gov.uk/returning-resident-visa

Which I don't think I'll be eligible for, since you need to prove 'exceptional circumstances'. Thanks for your replies

Offhand, I think you could justify two of the three examples listed and give it a try.

However, I agree that and ILR is not going to give any big advantage when you are back so you could possibly take your time.

The only real impact will be the saving in fees. It would be a question of spending 400+ to give it a try with a potential saving of couple of thousands if it goes through

[trose]

Yep, agreed, but after MANY dealings with the UKVI my partner and I have realised that we'd pay almost anything to reduce stress, uncertainty and waiting times. Not an issue at the moment however, and won't be for many years. I just needed to know if I'll be able to travel in and out of the UK in the meantime, which it looks like won't be an issue. Thanks!