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ILE holder away for 2 yrs. returning resident?

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hmm
Member
Posts: 178
Joined: Thu Aug 18, 2005 1:49 pm

ILE holder away for 2 yrs. returning resident?

Post by hmm » Tue Aug 19, 2014 12:50 am

My mother in law has an ILE (Indefinite Leave to Enter) as an elderly dependent and stayed in the UK for 10 months, this was just over 2 years ago. She went back home for a break when the winter starts here and did not come back (long story! she fell ill then we couldn't go back to bring her back, didn't realise about the 2 year away rules etc, etc). Anyway she is now away from UK for over two years. I believe she needs to apply for returning resident visa to come back to he UK? Can the embassy or immigration refuse it and cancel her visa?
We don't know anyone who applied for returning resident and wondering whether it is a long process. The form is short and straight forward. Do they interview people? is it another stamp on the passport or simply reinstate the old visa?
Any advise would be very much appreciated.

Many thanks.

vinny
Moderator
Posts: 32953
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILE holder away for 2 yrs. returning resident?

Post by vinny » Tue Aug 19, 2014 1:36 am

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.

hmm
Member
Posts: 178
Joined: Thu Aug 18, 2005 1:49 pm

Re: ILE holder away for 2 yrs. returning resident?

Post by hmm » Tue Aug 19, 2014 9:18 am

Thanks Vinny for your link. very useful.
We thought of bringing her over when we visited her last time, without the returning resident visa but I never heard of it approved by ECO at the airport. ECO usually send the person straight back and advised to apply for returning resident. It might be difficult to prove her ties to the UK as she only stayed here for 10months and away for over two years.
Any advise what documents we need to submit with the returning resident application?

Just looking for similar stories from other people really.

Trickytok
Member
Posts: 110
Joined: Thu Nov 24, 2011 9:34 am

Re: ILE holder away for 2 yrs. returning resident?

Post by Trickytok » Sun Aug 24, 2014 9:35 pm

My Father came last week after staying over in India for 7 months due to his poor health.
Only question he was asked was how you got ILR. he explained that and told them that he wanted to come earlier but could not travel due to his ill health. My question is same.. Now just after staying here for a week, he wants to go back to take care of my widowed sister who is suffering from PTSD. these are very difficult times.. I am scared he will end up losing his ILR coz he stays most of the time in india to look after her. He is over 72 and I want to care for him and my sister here in UK. i wish i could... but my sister wont come unless she can work here legally as sitting idle only increases her stress!

1. Will my father lose his ILR if he stays 8-9 months away every year?
2. Can We use surinder singh route to bring my sister here?

Trickytok
Member
Posts: 110
Joined: Thu Nov 24, 2011 9:34 am

Re: ILE holder away for 2 yrs. returning resident?

Post by Trickytok » Sun Aug 24, 2014 9:37 pm

I think the best bet will be to travel with her and accompny enough docs to show at immigration about her poor health and how you looked after her whilst she was out of country... I dont think they will be that harsh to send you back.. sometimes they let you enter with a visit visa stamped at the airport.. you just need to make sure that they let you enter as ILR and not as a visitor.. otherwise visit visa will revoke your ilr..


^

Sorry! I think above would have applied if absence was under 2 years... For over 2 years, i dont know !

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