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Will I be allowed back in?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Csitenet
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Posts: 3
Joined: Sun May 13, 2018 7:39 am
United Kingdom

Will I be allowed back in?

Post by Csitenet » Sun May 13, 2018 7:44 am

Hi all

I’ve had an ilr for a long time, nearly 15 years and I’ve always been a U.K. resident during this time.

Few years ago I applie for a biometric ntl card. However 2-3 years ago I lost my passport and only recently applied and got a new one from my countries embassy in London. I have never left the U.K. for a period longer than 3 months since I’ve had my IlR for over 15 years, because I’ve not use my ilr while I was in the U.K. in the last few years I’m wondering if I leave the U.K., will I be allowed back in? Does the ilr require you to leave the U.K. and re enter every 2 years? I mean how would they know I’ve been a U.K. resident these years? I’m really confused and wondering if I should go on holiday or not lol Incase I’m turned back on my return!

Csitenet
Newly Registered
Posts: 3
Joined: Sun May 13, 2018 7:39 am
United Kingdom

Re: Will I be allowed back in?

Post by Csitenet » Sun May 13, 2018 8:10 am

I’ve just checked my emails record and last time I left the U.K. was December 2014! I haven’t left the U.K. for near 4 years, would I have to prove I was a resident in the U.K.? Because I have lost my old passport and have a new one now! I don’t want to leave the U.K. and come back being told by immigration your ilr is invalid!

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Will I be allowed back in?

Post by vinny » Sun May 13, 2018 8:26 am

If entering the UK it's your burden of proof to show that you had ILR the last time you left the UK and are returning for the purpose of settlement within two years, unless you can show that the exception to the two-year rules apply.

If applying for NTL, then I think it's your burden of proof to show that they granted your ILR. It's their burden of proof to show that you've lost it.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Csitenet
Newly Registered
Posts: 3
Joined: Sun May 13, 2018 7:39 am
United Kingdom

Re: Will I be allowed back in?

Post by Csitenet » Sun May 13, 2018 9:04 am

I already have NTL and have had it for 15 years I’m not applying I’m simply saying I haven’t left the U.K. for a few years and leaving for a holiday soon wondering if they will question me on my return when showing my ntl biometric card! As in they may assume I wasn’t here for many years and only just came back! Last time I used my ilr status was December 2014 and haven’t left the U.K. since!

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CMOSUK
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Location: Glasgow, UK
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United Kingdom

Re: Will I be allowed back in?

Post by CMOSUK » Sun May 13, 2018 9:18 am

Csitenet wrote:
Sun May 13, 2018 9:04 am
I already have NTL and have had it for 15 years I’m not applying I’m simply saying I haven’t left the U.K. for a few years and leaving for a holiday soon wondering if they will question me on my return when showing my ntl biometric card! As in they may assume I wasn’t here for many years and only just came back! Last time I used my ilr status was December 2014 and haven’t left the U.K. since!
If you have been in the UK with ILR and have the biometric card as opposed to the ILR stamp in your passport, it shouldn't be an issue when you do go on your holiday and return, so long it isn't over the 2 years.

Normally, Home Office will have a record of your incoming and outgoing from the UK and will be able to assess whether you have indeed crossed that threshold.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Will I be allowed back in?

Post by vinny » Sun May 13, 2018 1:46 pm

Don’t rely on Border Force’s embarkation records. Keep boarding cards and evidence of tickets, etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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