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It will depend on the circumstances and in particular how the discretion if any was exercised in relation to the information provided by the applicant vis a vis the caseworkers experience, the immigration rules, case law and operational policy i.e. I am giving you a hypothetical answer to your hypothetical question. The Home Secretary has the power to revoke ILR and citizenship accordingly where there are justifiable reasons for such - a right of appeal exists against this decision.AsherY wrote:Hi again,
What's the opinion of members (especially seniors) that if it is found later (say when similar cases follow) that case worker's discretion or decision was not appropriate in the previous case to accommodate these much long absences without any payment of taxes etc. despite all the truth from applicant. Can HO withdraw ILR?
According to a recent exposé book by an ex Immigration Officer (Refusal Shoes by Tony Saint), the IO at the port of entry has the power to deny entry if he thinks that there is no habitual residency. This even applies, as I read it, when they make short visits less than 2 years apart to get around the 2-year rule. If the person is a visa national, he could be denied entry, full stop. If he is a non-visa national, he would get a 6-month visitor stamp, which effectively voids the ILR. According to this book, the IOs get special pleasure nailing people who abuse this rule.In order to be considered as settled here you will have to be able to show that you are habitually and normally resident in this country, and that any absences have been of a temporary or occassional nature.
You will not be re-admitted as a returning resident if you are resident overseas and only return here for short periods.