Post
by Stellacat » Sun Jan 06, 2019 7:39 pm
I First entry UK on fiancée and then spouse visa at 2004 and lived in UK 2004-2006. Granted ILE at 2009 as I married British citizen and live abroad over 4 years. We lived in UK 2009 to 2011 with our two British children.
At 2011 we moved abroad for husband’s job. We still have a house in UK but only under husband’s name because he bought it long before we get married, husband also still paid his national insurance every year, we were thinking one day we will move back to UK permanently. I aware the 2 years rule before we left but thought even the ILE is lapsed, we still could apply ILE again like before as marry citizen and live oversea more than 4 years, but only found out later that home office have withdrawn this rule at 2012(2013)?
We came back to UK at 2013, 2015, 2016 for a short period to visit my in-law. After reading some threads that short visits doesn’t reset the 2 years absent clock. But we thought just give a try.
July 2017 we moved back to UK to settle.
Since I granted the ILE till most recently entered UK (Jun 2018) I used ILE which is in my old passport , I renewed my passport 2014 since then I carried the old and new passports to enter UK. Each time the ECO in Heathrow airport let me in and with a standard date stamp on my passport and write “VIPP” next to the stamp. My thoughts is they have acknowledged my ILE and I still maintain my ILE status.? I usually travelled a lot, there are a lot entry and exit stamps from different countries in my new and old passports, so it is very easy for ECO to finger out each time when I entry and leave UK. Also Every time I entry UK broader were with my family together, the ECO let me in as returning residents is satisfied I have strong tie in the UK?
We live in UK a year and a half now, we bought another house in joint names for our main living property, husband got a job and the children are happy in their new school. When I start looking to take employment I realized that I have to get a BRP card via NTL. I've had a look at the application for BRP and it asks for details of all absences from the UK exceeding 6 months. I am worried that my application for BRP will be rejected as I've been out of the country for so long. Also I am worried that UKVI will revoke my ILE.
After I searched some old threads here, people who have similar situation like me who Have ILR/ILE before leave UK, absented the country more than two years. Entry UK on ILR/ILE as returning resident with no condition. now seeking apply BRP but worry UKVI will reject it and unsure what's the statue now. Unfortually there are no updated for those threads, not knowing what's the result for the BRP application, are they got approved or rejected?
After reading the threads there some questions that I want to clear:
1, Most recently I entry UK I were given entry as a Returning Resident on ILE under Paragraph 18 or paragraph 19, is that mean my ILE is valid, my ILE status still maintain.? Can UKVI easily withdraw the decision that the ECO has granted me as returning resident and I have already been settle back in UK for a year and a half? If UKVI do revoke the ILE for the reason I was absent the country more than two years before, do I have the ground to flight for it?
2, Let's say if I do not want to take the risk that UKVI will revoke ILE. I am NOT going to apply BRP and assuming my ILE still valid, I keep remaining in UK for another two more years. If it is assuming that I meets the requirements for Citizenship, Do I eligible for naturalisation in 2020? For confirm my statue, an immigration record (SAR)is clear enough to confirm my statue? Do I need to worry the period I absent from Uk (2011-2017) would 'count' or could it be retrospectively deemed invalid by the UKVI in 2020?
I know this is quite a complicated case, but I'd really appreciate any advice, suggestions about what I should do.
Any information would be greatly appreciated.