ILR Lapse query - 2 year limit

[RamNiranjan]

This is a kind of unique case.

I migrated to UK in 2007 with family on T2 ICT visa. My daughter then went back to India for secondary schooling in 2010 and lived with Grandparents. I got my ILR done in 2013 and her ILR done (minor dependent child) in 2015 by applying through UK Embassy in India. She opted to do graduation in India and continued to stay in India. She has not entered UK using has ILR even once since 2015 (3 years) and intends to travel to UK this summer for settlement/higher studies. Is there any likely issues with 2 year ILR lapse rule? My understanding is that its only for the main applicant and not for dependents. I, as main applicant, now have British Citizenship since last 1 year. She, meantime, is not a minor any more but ILR was applied and granted when she was minor.

Thanks much for your advice in advance.

[CR001]

ANY person holding ILR falls under the same 2 year rule of ILR lapsing.

Presumably you mean she hold ILE (indefinite leave to enter) if this was applied outside the UK.

It would have needed to be 'activated' on arrival in the UK and stamped on entry.

[RamNiranjan]

Yes She holds an ILR issued outside UK but she has not entered UK after getting ILR issued. I am not sure if entering is a must to "Activate" it. She has ILR on her Indian passport valid until 2020.

[CR001]

ANY person holding ILR falls under the same 2 year rule of ILR lapsing.

[RamNiranjan]

Does that mean this ILR has lapsed now? Do we need to fill SET9 as per below?

https://www.gov.uk/government/publicati ... nts-set-09

[RamNiranjan]

Are you suggesting that her ILR has lapsed and we may have to provide proof/reasons of being away when she enters UK? As per SET 9 guidance?

[zimba]

The ILR status lapses after two years of absence. She is very likely be refused entry to the UK on arrival

[vinny]

This may be a grey area.

If she hasn't activated it yet and there was no time limit for initial entry, then it may be still valid?

[RamNiranjan]

Thanks for the responses.

Is there any way to find out status of ILR before we travel?

Thanks