ILR Brp renewal with extensive absences

[robsrobs]

Hi all,

My wife got ILR in 2014 and her ILR Brp will expire in March 2024. We are in a dilemma and would really appreciate your advice.

The issues is she has been living abroad for 8 of past 10 years after receiving ILR. For 5 years, she was looking after her mother abroad because of her mother's health condition. From 2021 till now she has been accompanying me abroad because of my work commitment for a UK company and she has been working remotely for a UK company too.

We have been careful with her absences, she stayed in the UK for about a month each year, and there has never been a 2 year period where she did not return to the UK. My job requires me to stay in the Europe until late 2026. I and my kids are all British citizens, we have no other family ties to the UK.

She is looking to return to the UK to submit application before her ILR expires. I think the only meaningful supporting documents she could provide are her passport showing her absences (and past P60s?). I am worried that her application could be rejected because of extensive absences and she can't prove her intention to permanently returning to the UK. Because the application could take up to 6 months, her plan is that she submits application and biometrics in January in the UK then she will be waiting outside UK while application being processed.

My question is, is it likely that HO will reject her application because of extensive absences and no clear intention of returning permanently to the UK? If so, is it worthwhile she holds her application until the digital system comes into working by end of 2024 in the hope the digital system will be more lenient on renewing process?

We were also thinking about visiting UK in February 2024 so kicking the can down the road for another 2 years but then she will have to apply for a returning visa to return to the UK before February 2026 and apply for brp renewal then in which case her absences will be more extensive and still cannot prove intention to permanently moving back to UK.

Please advise.

Thanks.

[robsrobs]

Hi all,

Sorry I've got another question. Can my wife travel outside the UK while her ILR BRP renewal application is being processed? I read below travelling outside the UK will automatically withdraw the application. Thank you for your advice.

https://www.studentsupport.manchester.a ... 20the%20UK

[Frontier Mole]

Hi all,

Sorry I've got another question. Can my wife travel outside the UK while her ILR BRP renewal application is being processed? I read below travelling outside the UK will automatically withdraw the application. Thank you for your advice.

https://www.studentsupport.manchester.a ... 20the%20UK

No
And certainly can not wait it out in another country

[DiazSingh]

Take the tax payment, purchased property, strong tie ups in country(professional work etc.), contribution to any donations given, any memberships taken, credit card bills, bank statements, NI insurance paid, NHS medical records, etc as your constructive grounds.

[DiazSingh]

Hi all,

Sorry I've got another question. Can my wife travel outside the UK while her ILR BRP renewal application is being processed? I read below travelling outside the UK will automatically withdraw the application. Thank you for your advice.

https://www.studentsupport.manchester.a ... 20the%20UK

Just to highlight you the paragraph which you had read, is explaining about the situation when the BRP is lost or theft, in that case, you don't have a valid BRP.

Since your case is about renewing the BRP while you already have an existing BRP, then the BRP is still valid. It can not impact your application. You should be able to travel with a valid BRP.

[Curious2012]

Hi all,

My wife got ILR in 2014 and her ILR Brp will expire in March 2024. We are in a dilemma and would really appreciate your advice.

The issues is she has been living abroad for 8 of past 10 years after receiving ILR. For 5 years, she was looking after her mother abroad because of her mother's health condition. From 2021 till now she has been accompanying me abroad because of my work commitment for a UK company and she has been working remotely for a UK company too.

We have been careful with her absences, she stayed in the UK for about a month each year, and there has never been a 2 year period where she did not return to the UK. My job requires me to stay in the Europe until late 2026. I and my kids are all British citizens, we have no other family ties to the UK.

She is looking to return to the UK to submit application before her ILR expires. I think the only meaningful supporting documents she could provide are her passport showing her absences (and past P60s?). I am worried that her application could be rejected because of extensive absences and she can't prove her intention to permanently returning to the UK. Because the application could take up to 6 months, her plan is that she submits application and biometrics in January in the UK then she will be waiting outside UK while application being processed.

My question is, is it likely that HO will reject her application because of extensive absences and no clear intention of returning permanently to the UK? If so, is it worthwhile she holds her application until the digital system comes into working by end of 2024 in the hope the digital system will be more lenient on renewing process?

We were also thinking about visiting UK in February 2024 so kicking the can down the road for another 2 years but then she will have to apply for a returning visa to return to the UK before February 2026 and apply for brp renewal then in which case her absences will be more extensive and still cannot prove intention to permanently moving back to UK.

Please advise.

Thanks.

Please share your experience and please let us know how it goes. Wish you the very best.

[robsrobs]

Hi all,

Sorry I've got another question. Can my wife travel outside the UK while her ILR BRP renewal application is being processed? I read below travelling outside the UK will automatically withdraw the application. Thank you for your advice.

https://www.studentsupport.manchester.a ... 20the%20UK

Just to highlight you the paragraph which you had read, is explaining about the situation when the BRP is lost or theft, in that case, you don't have a valid BRP.

Since your case is about renewing the BRP while you already have an existing BRP, then the BRP is still valid. It can not impact your application. You should be able to travel with a valid BRP.

Thank you for the explanation.

[robsrobs]

Hi all,

My wife got ILR in 2014 and her ILR Brp will expire in March 2024. We are in a dilemma and would really appreciate your advice.

The issues is she has been living abroad for 8 of past 10 years after receiving ILR. For 5 years, she was looking after her mother abroad because of her mother's health condition. From 2021 till now she has been accompanying me abroad because of my work commitment for a UK company and she has been working remotely for a UK company too.

We have been careful with her absences, she stayed in the UK for about a month each year, and there has never been a 2 year period where she did not return to the UK. My job requires me to stay in the Europe until late 2026. I and my kids are all British citizens, we have no other family ties to the UK.

She is looking to return to the UK to submit application before her ILR expires. I think the only meaningful supporting documents she could provide are her passport showing her absences (and past P60s?). I am worried that her application could be rejected because of extensive absences and she can't prove her intention to permanently returning to the UK. Because the application could take up to 6 months, her plan is that she submits application and biometrics in January in the UK then she will be waiting outside UK while application being processed.

My question is, is it likely that HO will reject her application because of extensive absences and no clear intention of returning permanently to the UK? If so, is it worthwhile she holds her application until the digital system comes into working by end of 2024 in the hope the digital system will be more lenient on renewing process?

We were also thinking about visiting UK in February 2024 so kicking the can down the road for another 2 years but then she will have to apply for a returning visa to return to the UK before February 2026 and apply for brp renewal then in which case her absences will be more extensive and still cannot prove intention to permanently moving back to UK.

Please advise.

Thanks.

Please share your experience and please let us know how it goes. Wish you the very best.

Thank you. Will do.