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ILR-Absence from the UK

General UK immigration & work permits; don't post job search or family related topics!

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DKV
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ILR-Absence from the UK

Post by DKV » Mon Sep 04, 2023 9:01 am

Hi,

Need advice on allowed absence from the UK.

My friend and his daughter are British citizens. His wife has ILR status and has been absent from the UK for 1 year and 10 months. She wants to return to the UK for 3 weeks and return to India for 6 months again. This is to avoid the 2 years continuous absence from the UK. I am not sure if this is the right thing to do.

Their daughter is also in India but my friend has remained in the UK.

I know this will question her ties to the UK but is this something she can get away with for this time? She has worked for the NHS during covid times and has taken a sabbatical due to stress related issues.

Thanks in advance

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zimba
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Re: ILR-Absence from the UK

Post by zimba » Mon Sep 04, 2023 12:49 pm

There is no 'allowed absence' concept for ILR holders. After 24 months of continuous absence, ILR will lapse and you need a returning resident visa. UKVI can revoke someone's ILR status as per the immigration rules. Short visits to the UK do not necessarily maintain ILR status as you need to return as a resident with a view to settlement: general-uk-immigration-forum/keeping-il ... l#p2037249
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

DKV
Junior Member
Posts: 88
Joined: Wed May 10, 2017 4:21 pm
India

Re: ILR-Absence from the UK

Post by DKV » Mon Sep 04, 2023 1:09 pm

Thanks Zimba

DKV
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India

Re: ILR-Absence from the UK

Post by DKV » Mon Sep 04, 2023 1:13 pm

Hi Zimba,

One more question please. Is there a time limitation for British citizens spending time overseas?

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CR001
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Re: ILR-Absence from the UK

Post by CR001 » Mon Sep 04, 2023 1:31 pm

DKV wrote:
Mon Sep 04, 2023 1:13 pm
Hi Zimba,

One more question please. Is there a time limitation for British citizens spending time overseas?
No there is not.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

DKV
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Posts: 88
Joined: Wed May 10, 2017 4:21 pm
India

Re: ILR-Absence from the UK

Post by DKV » Mon Sep 04, 2023 1:37 pm

Thanks CR001

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CR001
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Re: ILR-Absence from the UK

Post by CR001 » Mon Sep 04, 2023 1:40 pm

Just remember that long absences could affect the ability to use nhs etc and if you claim beneifts, you must inform the relevant departments that ypur spouse and child are not in the uk. Failing to do so, and being paid when not entitled, is benefit fraud.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

DKV
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Joined: Wed May 10, 2017 4:21 pm
India

Re: ILR-Absence from the UK

Post by DKV » Mon Sep 04, 2023 2:46 pm

Ok thanks CR001

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