With ILR – No Travel UK back – More than 2 years - help Pls

[rmsureshmuthu]

This is for one of my friend who is now currently in India

ILR details
BRP card
5 years route
Date of issue – 11/04/2014
Date of Expiry – 11/04/2024

Date of exit last from UK (to India) – 5th May 2015

Due to official/personal reason he has not made a travel back to UK (2 years 2 months now), but now he wanting to use this ILR as an option to come back to UK for his career.

As a note – he does not have any property registered by him and relatives living in UK and can confirm he did not receive assistance from UK public funds (like any child benefits etc)

As the duration of away from UK with his ILR is more than 2 years now, he is worried if he can travel at all with his ILR as this may be invalid by now.

Please someone help to get answer for
- How do we confirm if this ILR is now valid? Only by travel?
- If he can travel now to UK without any issues by providing some supporting documents in immigration (I hope the answer is NO)
- Is there any option we can try with “Returning resident application”, if so suggest for any straightforward way based on your experience. (As Paragraph 19 explains that someone can be admitted if he has been away for more than 2 years but if he has lived in UK most of his life can apply via this application... where as in my friends situation it is actually not)

Please suggest guys. Do let me know if need more info.

[vinny]

Unfortunately, his ILR has lapsed.

[zimba]

ILR means settled in the UK. Someone who has been living abroad for more than 2 years on ILR is not settled here any more.
As he has no connection to the UK, his ILR lapsed after two years absence and he cannot return as he will certainly be refused entry.

[seasky]

An option (with complications):

1. He can get on plane because as far as airline goes he has valid ILR

2. Landing card asks UK address. Dont put a hotel (stay w. friends)

3. Length of stay write "ILR" as usual

It is unlikely that IO will know he was away for 2 years (separate discussion)

No matter what if asked do not lie. But it is not his obligation to volountary declare anything (I think)

[makky86]

An option (with complications):

1. He can get on plane because as far as airline goes he has valid ILR

2. Landing card asks UK address. Dont put a hotel (stay w. friends)

3. Length of stay write "ILR" as usual

It is unlikely that IO will know he was away for 2 years (separate discussion)

No matter what if asked do not lie. But it is not his obligation to volountary declare anything (I think)

It is unlikely that IO will know he was away for 2 years (separate discussion)

When they will put the details the system itself will flag. Officer don't havve to manually check. Its 2017 to 1017

[seasky]

An option (with complications):

1. He can get on plane because as far as airline goes he has valid ILR

2. Landing card asks UK address. Dont put a hotel (stay w. friends)

3. Length of stay write "ILR" as usual

It is unlikely that IO will know he was away for 2 years (separate discussion)

No matter what if asked do not lie. But it is not his obligation to volountary declare anything (I think)

It is unlikely that IO will know he was away for 2 years (separate discussion)

When they will put the details the system itself will flag. Officer don't havve to manually check. Its 2017 to 1017

UK does not have passport control on exiting the country and the notification systems of the airlines are still not great (and there are ferries, Eurostar, land borders....)

[makky86]

An option (with complications):

1. He can get on plane because as far as airline goes he has valid ILR

2. Landing card asks UK address. Dont put a hotel (stay w. friends)

3. Length of stay write "ILR" as usual

It is unlikely that IO will know he was away for 2 years (separate discussion)

No matter what if asked do not lie. But it is not his obligation to volountary declare anything (I think)

It is unlikely that IO will know he was away for 2 years (separate discussion)

When they will put the details the system itself will flag. Officer don't havve to manually check. Its 2017 to 1017

UK does not have passport control on exiting the country and the notification systems of the airlines are still not great (and there are ferries, Eurostar, land borders....)

In that case its quite possible but higly unlikely he will get away.

[poper]

An option (with complications):

1. He can get on plane because as far as airline goes he has valid ILR

2. Landing card asks UK address. Dont put a hotel (stay w. friends)

3. Length of stay write "ILR" as usual

It is unlikely that IO will know he was away for 2 years (separate discussion)

No matter what if asked do not lie. But it is not his obligation to volountary declare anything (I think)

It is unlikely that IO will know he was away for 2 years (separate discussion)

When they will put the details the system itself will flag. Officer don't havve to manually check. Its 2017 to 1017

UK does not have passport control on exiting the country and the notification systems of the airlines are still not great (and there are ferries, Eurostar, land borders....)

But how does UKVI seem to know of your travel history when you apply for a SAR?

[seasky]

But how does UKVI seem to know of your travel history when you apply for a SAR?

They dont at all. In my SAR they had 1 trip out of 70+ times I left the UK

After pushback they found 2 more (landing cards). They only keep the card if it is "coded" which I think means "problematic" e.g. the IO had concerns and such

[Samed]

I have been reading a lot about this called "coded landing" and "code 3". About 15 years agot I entered the UK through Eurostar. I said I was going to visit for a month. After a very hard time with the officer he wrote a lot o things on this sheet (I think itcwas the back of my landing card) and got me to sign it. I was so nervous I didn't even bother reading it, just signed. Then he stamped my passport in which it reads "Leave to enter/remain for..." and then he wrote "one month", instead of the standard 6 month visit leave. Then, another stamp with the date I was entering. There was no "code 3", number "3", "coded landing" or anything like that.
What kind of entry was that? Was I given a code 3 landing? Was it normal leave to enter? Why wasn't it stamped for 6 months, which is the usual? Does it mean trouble next time? Was it discretionary leave?
Because of this, do I have to answer "yes" for the "Have you ever elected to voluntarily depart the UK?" question in my next application?

That was my second and last visit ti the UK. Never returned again, but am planning to do so soon.

[CMOSUK]

An option (with complications):

1. He can get on plane because as far as airline goes he has valid ILR

2. Landing card asks UK address. Dont put a hotel (stay w. friends)

3. Length of stay write "ILR" as usual

It is unlikely that IO will know he was away for 2 years (separate discussion)

No matter what if asked do not lie. But it is not his obligation to volountary declare anything (I think)

UKVI will check his BRP card (biometric ☣) once he lands anyway they will know from there.

Obviously what is asked is what has to be declared on the landing card.

[secret.simon]

UK does not have passport control on exiting the country and the notification systems of the airlines are still not great (and there are ferries, Eurostar, land borders....)

Exit checks fact sheet

The ROI and the UK also share API data for flights exiting the CTA, so while there are ferries and land borders between the two countries, it is quite likely that dates of exiting and re-entering the CTA have been shared with the UK even if one flies in and out of an Irish airport.

They dont at all. In my SAR they had 1 trip out of 70+ times I left the UK

Were these exits before 8th April 2015 or after? That is the date that the exit checks were started.