Evidence needed to prove ILR when returning to the UK

[SMWickham]

I have a UK passport and my wife has a US passport. We have been married since 1989 and have lived in the UK continuously since 1995. My wife got an ILR stamp in her passport in 1998 (this passport ran from 1998 to 2008) and a letter confirming her ILR status.
Ever since then, when she has returned to the UK from overseas, she has carried the old passport with the 1998 ILR stamp and shown it as well as her current US passport. However, she recently entered the UK after a short visit to the US and was nearly refused entry. The official said she also needed to show, in addition to the expired US passport with the 1998 ILR stamp, her additional expired US passport from 2008 to 2018, as well as her current US passport 2018-2028.
Can you advise on what to do for future trips outside the UK. Is it sufficient when returning to the UK for her to show the expired passport with the 1998 ILR stamp, the expired passport from 2008 to 2018, and the current passport? Or is any other documentation needed? Or should she apply for the ILR stamp to be put in her current passport?
Any advice appreciated.

[Zerubbabel]

We have seen a few similar questions during the last days.

Basically, an ILR is a permanent residence by there are strings attached, mainly:

- No absence more than 2 years. Unless some specific exceptions/allowances, absences longer than 2 years lead to the loss of the ILR. The ILR automatically lapses for 2 years absence outside allowed exceptions.



- Absences less than 2 years but the pattern shows that the person is estabilished in another country, is not visiting the UK to settle now or in the future. I am referring to cases where the ILR holder is living and working in another country but keeps visiting the UK regularly to reset the 2 years counter. The ILR is then used not the reside in the UK but only as a visitor visa for life.

This guidance for border agents provides some details:




The full document is here:
https://assets.publishing.service.gov.u ... nts-v2.pdf

At this point, they let her in with ther ILR. But going forward, she really risk getting it cancelled at the border if her circumstances don't change.

[secret.simon]

should she apply for the ILR stamp to be put in her current passport?

ILR is no longer stamped into passports any more. She can apply for an ILR BRP.

She will likely still need to carry all passports issued after the ILR BRP is issued. The reason for that is that ILR lapses automatically in case of an absence of two years or more and also in case she has been stamped in as a visitor on any previous occasion after being granted ILR.

To prove that that is not the case, all passports between the grant of ILR and the present should be carried when travelling back to the UK.

Why does she not apply for British citizenship?

EDIT: Beaten by Zerubbabel, who has expanded on the same points.

[SMWickham]

Many thanks for this advice. She will apply for an ILR BRP.

She has never felt great desire to apply for British citizenship but we realise that this is an alternative (if more expensive) route to take.