Maintaining ILR active

[shrikantK]

Hi all,

I have secured ILR in 2021 and it will expire in Dec 2024. However I left UK in May 2022, and will be back in UK in March-April 2024 - so that I don't complete 2 years of absence from UK.

I can not continue living in UK this year from April till Nov. (due to personal/family reasons), but I plan to get back for good from Nov 2024 onwards. In this scenario my questions are:

1) Would it be okay for me to just visit UK in April and not loose validity of ILR?

2) Am I allowed to have longer absence from UK (off course not more than 2 years in one go) and still maintain the ILR?

Please guide as there is very limited info about how to keep your ILR active.

Kind regards,
SSK

[CStone]

Hi,
You can have a read through the article below link

https://freemovement.org.uk/case-irene- ... dents-ilr/

[alterhase58]

ILR doesn’t expire, card expires and system moves into digital only.

[secret.simon]

ILR doesn’t expire

ILR lapses automatically if the person stays outside the UK for any continuous period of two years or more.

And it can be cancelled if the Immigration Officer forms the view at the border that the ILR holder is only visiting the UK and not residing here. ILR is meant for residency and short visits do not maintain ILR continuity.

[Frontier Mole]

If the BFO believes or suspects you are returning solely to maintain residency then they are entitled to explore your ties to the UK.
The link in the previous post sets this out.
In essence no ties and no family or business or property then it would be reasonable to conclude you are not normally resident or have sufficient ties to the UK.
It will very much depend on the BFO and their willingness to investigate at the point of entry. It could be a stamp and go or if you are able to use an e-gate nothing at all.
If you are questioned your answers and ability to evidence your answers will determine whether your continuing ILR is acceptable.