ILR and returning to the UK after 2 years

[kittykat]

Hi all,

I am on ILR and trying to apply for naturalisation, but if that is unsuccessful would like to know what my options are with ILR if I need to leave the UK again for a lengthy period of time. I have referred to the UKBA "Returning residents" advice (http://www.ukba.homeoffice.gov.uk/visas ... residents/). This states:

You may return to the UK as a resident if:
you were settled in the UK when you last left; and
you have been away for 2 years or less; and
you are returning to live here permanently; and
you were not given public funds to pay the costs of leaving the UK.

Does anyone know how strict the 2 years rule is, and how it is enforced? Equally, whether you are returning to live in the UK permanently. Is it just picked up through questions at border control? Any idea how lenient these rules are?

Thanks in advance for your help.

[WR1]

Your ILR can be revoked and cancelled if you are away from the UK more than two years. I don't think there is any leniency on this rule.

However, one way round it is to visit the UK at least once (say for a couple of weeks) within the two year period. This way, you won't exceed being absent for more than two years.

[Casa]

A short visit...or even a few short visits won't maintain the ILR status. A member who had stayed outside of the UK more than 2 years was recently stopped at Immigration Control. His ILR was cancelled but he was fortunate to be given a short visitor visa as he was travelling with his British wife and children and would normally have been a non-visa national (New Zealand).

[Lucapooka]

Casa is correct. It's a returning resident status with the intent to reside rather than a short visit with the intent to remain outside the UK. If you arrive and can't show good evidence of your intentions to continue living in the UK as the reason for entry, you may have problems.

[kittykat]

Thanks guys.
It makes sense - it is residency after all.
Thanks for your help.