ILR holder having to visit once in every 2 years

[stitaprajna]

I have a query based on this article: Third party solicitor weblink removed by moderator. The article mentions, "

.... It is important to note that ILR does not always expire if you leave the UK for 2 or more years; for example, spouse visa holders and British overseas citizens may be exempt from the automatic ILR expiry rule....

"

Now, let's apply this to a specific scenario:
The wife and kids are British citizens, and the husband holds ILR (BRP). The family moved back to an Asian country in 2019, where the wife and kids started working and schooling. Husband continued in UK but on a visit to home country he got stuck due to covid lockdown. He later moved back to the UK in 2022. After a 3-month contract, he returned to the home country in June 2022 and has been working there since.

While he would like to work in the UK again in the future, the family situation doesn't allow it currently. However, there's a possibility of the entire family relocating back to the UK in 2-3 years.

The challenge now is getting leaves to travel to the UK. Resigning is tricky due to the current job market and uncertainties about finding a better job upon return to the UK.

In this situation, what options are available to him? Can he stay away for more than 2 years without risking the loss of ILR? According to the mentioned link, does the ILR not expire if the wife and kids are British citizens, even though they are currently settled in their Asian country?

Appreciate any insights. Thanks!

[zimba]

ILR is granted to individuals who want to settle in the UK. That is its intention. ILR status has no expiry but it is lost when someone stays out of the UK for more than 24 months. If someone wants to settle and mostly live and work somewhere else and simply make short visits here just to keep the ILR status, then they are not settled here by definition.

The paragraph 18 of the immigration rules requires you to be admitted as a returning resident when you come back to the UK and short visits do not necessarily maintain ILR. I covered this before: general-uk-immigration-forum/keeping-il ... l#p2037249

If someone simply makes short visits here and cannot show on their return that they are here with a view to settlement, then UKVI can easily cancel/revoke the ILR. People who lose their status must either apply for a returning resident visa to get their ILR back (showing strong ties to the UK) or apply for a new visa and start their residence from scratch.