British Permanent Residency

[RachelABC]

Can anyone tell me with the Permanent Residency status (give to enter the country for an indefinite period) - how many years can you be away from the UK without them disqualifying that status? (I heard that its something like 2 years) Can anyone confirm?

I have been out of the country for 3 and a half years (possibly 4 already) - and I want to go back and work there. Can anyone suggest the best course of action for me?

Thank you!
Rachel

[tdabash]

Hello there,

I am sorry to say that your ILR or ILE is now invalid.

Here are the immigration rules

18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and

(ii) has not been away from the United Kingdom for more than 2 years; and

(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and

(iv) now seeks admission for the purpose of settlement.

19. A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.

It would be also difficult for you to apply for a visa as a returning resident. These types of visas are usually refused and an appeal would be a waste of time; unless you have lived in the UK most of your life and you already have strong ties in the UK.

I think your best course of action would be an application for HSMP or to start again in the same pathway which has led to your lost ILR.

Good Luck