Keep ILR after 2 years out of UK

[bzhao]

Hi Guru,

A friend of mine has got ILR in 2015. Nearly two years ago, due to health reasons, she had to go back to her own country for treatment. The treatment has been kept going for nearly two years and she has not been able to travel.

As we know, usually one could lose ILR if he/she is away from the UK for more than two years.

We just wonder, in her case, how can she reserve her ILR? She is planning to come to the UK in a few month time. Is there anything she needs to do before travelling?

Thank you very much in advance.

[secret.simon]

You need a Returning Resident visa to come back to live in the UK if you were previously settled (given ‘indefinite leave to enter or remain’) and you’ve been away for more than 2 years.

[bzhao]

You need a Returning Resident visa to come back to live in the UK if you were previously settled (given ‘indefinite leave to enter or remain’) and you’ve been away for more than 2 years.

Thanks Simon. Once she got the returning resident visa, is her ILR still valid? or the returning resident visa will replace ILR?

[zimba]

ILR is simply a status. If someone is outside the UK for more than 2 years they lose that status. If they get a returning resident visa, then that will reinstate such status