Post
by Flash » Sun Jul 03, 2005 4:27 am
Hello,
I have an ILR endorsement (4 years work permit employment). I recently applied for a Returning Resident Visa, 84 days after the 2 years absense limit. I explained the reasons in the cover letter, but the clearance was refused. They haven't done anything on the ILR endorsement on my old passport, nor any other stamp on my new passport except the usual visa rejection entry on the last page. However, I have been given an option to appeal which I will be submitting.
I have been getting job offers (I have left the last company) for UK. The technical query relates to the ILR interpretation and application.
1. By definition, ILR means Indefinite Leave to Remain, i.e., no time limits to 'Remain'. Is it then just a question of how you 'Enter' UK ? If within the 2 years absence limit, you don't need a visa, if beyond you do. Would this then mean that, if I re-enter UK on a Work Permit or a Business Visa now, I can again remain indefinitely in the UK on my previosly stamped ILR ? I mean the Returning Resident Visa to re-enter UK was refused, but a Work Permit or a Business Visa may get granted, and then once I re-enter UK again on a valid visa, I can then remain indefinitely in the UK on my previously stamped ILR ? If so, then how can I get the ILR transferred on my new passport ? Also, is the outcome of my appeal then immaterial ? As it was for a Returning Resident Visa to re-enter UK, but I already entered UK on another Visa. Is this logic technically correct, and is this how the rules apply ?
2. The ILR was stamped on my old passport. Does the clearance refusal mean I have lost my ILR ?
3. If I re-enter UK on a Work Permit or a Business Visa now, during the 2 months appeal process, would it automatically cancel my ILR ?
I am not clear as to whether I have lost the ILR or not. If I have, in what way can I re-acquire it ? Or is this question not a question at all ? I mean, ILR is to remain indefinitely in the UK, however, to enter, if you are within the 2 years limit, you can enter without the need of a visa, and if you are beyond, then you just need a valid visa to re-enter, whatever that may be, and then remain indefinitely.
Any thoughts / experiences,
Thanks in advance