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Keeping my ILR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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CJM
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Posts: 7
Joined: Sat Dec 12, 2009 12:31 am

Keeping my ILR?

Post by CJM » Thu Jan 07, 2010 3:11 am

Hi Guys,

I received my ILR some weeks ago. Best of luck for those still waiting.

My question is the following (sorry if it sounds dumb).

I was stated that ILR can be lost if I stay out of the UK more than 2 years. What happens for example if I leave (to go back to my home country) for almost two years, and then come back to the UK for only one month.

Does this count as not staying away for more than two years? and therefore in line with the rules of maintaining ILR or is it cheating?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Jan 07, 2010 8:20 am

With ILR you can re-enter the UK ...... to resume residence! But for just one month? You might get away with that once, but highly unlikely to work more than once.

Why don't you get British Ciizenship? Having got that, you would find your situation is much improved.
John

CJM
Newly Registered
Posts: 7
Joined: Sat Dec 12, 2009 12:31 am

Post by CJM » Thu Jan 07, 2010 7:49 pm

John,

Thanks for the input. What you say makes all the sense to me. Maybe I should bite the bullet for one more year and go for citizenship.

My case is that I was offered a job overseas which is highly tempting. I could still accept and come to the UK on holidays within two years for a month period at a time (vacation) .

Though technically I see this within the rules I agree that it is stretching the interpretation a bit. Though it wouldn't help my case I think UKBA should refine the rule something like Canada has (be in the UK 2 out of 5 years to retain residenship for example).

Thanks again!

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