Maintaining ILR status

[garrick]

Hi, Can anyone please confirm for how long I have to stay in UK over block of 2 years period to maintain ILR status intact. Can person come just for 1 day in 2 years?

[londoner2015]

I've seen a pretty good explanation here, unfortunately it seems to be not as easy as that:
Third party solicitor weblink removed by moderator

Following from the information above, common sense would dictate that an absence of less than 2 years would allow a person to keep their ILR and return to the UK without any issues. A question that most often follows from our clients upon learning that ILR can be lost through an absence of more than 2 years, “so I just have to return to the UK for a couple of days every 2 years to keep the ILR “active”? Quite expectedly, things are not that black and white (when are they?). The Home Office’s guidance on returning residents states: “A person who has been absent from the UK for less than 2 years will retain their indefinite leave and does not need to apply for entry clearance before resuming their residence in the UK”.

Seems very clear. However, there is further information that stipulates that border officials “will assess whether a person can be admitted for entry under the requirements of paragraph 18”. To answer the question above, we need to consider paragraph 18 of the Immigration Rules, below:

18. A person may resume their residence in the UK provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii) has not been away from the United Kingdom for more than 2 years; and
(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
(iv) now seeks admission for the purpose of settlement (emphasis added).

Often overlooked part of paragraph 18(iv) states that not only a person must have been away from the UK for less than 2 years, but that person must be returning to the UK for the purpose of settlement. In a scenario outlined above, a short return to the UK every two years may result in ILR being cancelled at the border, as at some stage the person may have created life overseas and will not, therefore, be returning to the UK for the purposes of settlement, but rather attempting to enter as a visitor in order to prevent their ILR from lapsing.

[zimba]

Hi, Can anyone please confirm for how long I have to stay in UK over block of 2 years period to maintain ILR status intact. Can person come just for 1 day in 2 years?

I already covered this before: general-uk-immigration-forum/keeping-il ... l#p2037249