UK - Expired ILR & entering as a visitor

[j_p_u_k]

Summary of question:
- If IRL is not valid due to passing 2 years, and BRP expired, will there any issues for a Japanese national entering UK as a visitor? Usually Japanese are granted 6m at the airport, but is expired IRL/BRP likely to cause an issue? (Will enter with British family with a return ticket)
- And will entering as a visitor affect applying for Returning Resident later?

Longer version:
My wife is Japan and had UK IRL with a BRP. I am from UK and our daughter is British.
We lived in UK for 2 years but I had to move to Japan because of my job.
We now live in Japan and will return to the UK at some point.

For 4 years we visited UK regularly. But stupidly, we accidently crossed the 2 years mark outside UK in 2019 so the IRL is no longer valid.
The BRP expired last year - we didnt renew as the IRL was no longer valid.

Fast forward past covid, now that IRL has expired, will there be any issue with her entering UK as a visitor?
Usually Japanese are granted 6m at the airport. She will entr with me and my daughter who are British, with a return ticket.

And will entering as a visitor affect applying for Returning Resident later?
While we plan to return to UK at some point to live, we dont have a definite date as of yet, so probably wouldnd be able to apply for Returning Resident now. My undertstanding is that in the past you couldnt apply for Returning Resident after entering UK as a visitor, but that isnt the case now.

We still have the expired BRP. I checked the letter and guide that was sent to us and it doesnt say we have to send it back unless lost or stolen, so we still have it.

Thanks for your help

[zxyzhgp]

BRP and ILR are two different things.
For example, next year all BRP will be expired but it does not mean ILR will be invalid

[j_p_u_k]

I understand that. As I stated, the IRL became invalid before the BRP expired.

[zimba]

I understand that. As I stated, the IRL became invalid before the BRP expired.

Apply for a returning resident visa now to reinstate her ILR status and keep it valid by making sure the absences are no longer than 24 months. This is the best way in my view.

https://www.gov.uk/returning-resident-visa

FYI Note that an expired BRP for a non-visa national has no ill effects, as non-visa nationals can enter the UK as visitors.

[j_p_u_k]

Thank you for the reply. We have not been considering applying for the returning resident visa because right at this point we will not be returning to live. It would be some point in the future - not sure when right now, but could be 4-6 years down the line.

If we don't apply for RR, would there be any issues entering with IRL expired as a visitor? and would entering as a visitor affect applying for RR later?

Ie, removing BRP from my questions:

- If IRL is not valid due to passing 2 years, will there any issues for a Japanese national entering UK as a visitor? Usually Japanese are granted 6m at the airport, but is expired IRL/BRP likely to cause an issue? (Will enter with British family with a return ticket)
- And will entering as a visitor affect applying for Returning Resident later?

[vinny]

Having limited leave doesn’t prevent a previous ILR holder from applying as a returning resident in the future. However, there are also other considerations.

[j_p_u_k]

Limited leave is the same as visitor entry?

And could you expand in "other considerations"?

[vinny]

Limited leave includes visitor entry.

Please click on the underlined link above for more information.

[j_p_u_k]

So when you said "other considerations", you were talking about other requirements for getting the Returning Residents visa, not other considerations about entering as a visitor after expired IRL, right? Obviously I know RR visa in general has multiple considerations.

[vinny]

Right.

[j_p_u_k]

After IRL becomes invalid, is there any difficulty likely to be had when entering as a visitor?

[zimba]

After IRL becomes invalid, is there any difficulty likely to be had when entering as a visitor?

Why are you repeating the same question again ?
ILR does not become invalid, it is lost after 24 months of absence. You have already been told that a non-visa national can visit the UK without issues

[AmazonianX]

After IRL becomes invalid, is there any difficulty likely to be had when entering as a visitor?

You are going round I. Circles and tripping on yourself.
Have you tayed away from UK for 2years?

[j_p_u_k]

Yes, it's in the original post : "we accidently crossed the 2 years mark outside UK in 2019 so the IRL is no longer valid."