Condition to keep ILR - Minimum no. of days in UK?

rshelar · Post by **rshelar** » Sat Feb 27, 2010 6:52 pm

Hi,

I have a question regarding ILR. I understand that once you get PR you have unrestricted access to stay and work in the UK and that you can be outside UK for a period NOT exceeding 2 years.

However is there any condition on the number of days you need to be in UK on an ILR so that your ILR does not become invalid.

For e.g.

If a person is granted ILR, can he go back to his home country, take up employment there and return to the UK before end of 2 years, spend 15 days in UK and again go back to his home country.

Would this make ILR invalid? Is there any limitation on minimum time spent per year to retain your ILR?

Tim555 · Post by **Tim555** » Sat Feb 27, 2010 6:54 pm

rshelar wrote:Hi,

I have a question regarding ILR. I understand that once you get PR you have unrestricted access to stay and work in the UK and that you can be outside UK for a period NOT exceeding 2 years.

However is there any condition on the number of days you need to be in UK on an ILR so that your ILR does not become invalid.

For e.g.

If a person is granted ILR, can he go back to his home country, take up employment there and return to the UK before end of 2 years, spend 15 days in UK and again go back to his home country.

Would this make ILR invalid? Is there any limitation on minimum time spent per year to retain your ILR?

You should not be outside uk more than 2 years. If you come back before 2 years time than you will be ok.

Post by **John** » Sat Feb 27, 2010 6:57 pm

rshelar, you need to take care. The point is that you can re-enter the UK using your ILR .... to resume residence! So whilst you might get away with it once or twice, spending just a few days in the UK, eventually it will become clear that you are using the ILR like some sort of glorified visitor visa, and you might encounter problems.

rshelar · Post by **rshelar** » Sat Feb 27, 2010 6:59 pm

Tim,

Thanks. Yes I intend to come back every 2 years to keep my ILR valid.

What I actually want to know is that if I come back before the end of 2 years is there a minimum period of stay in the UK to retain my ILR.

As the e.g. I gave, can I just come for say 15 days before end of two years and keep repeating that for every 2 year period

Tim555 · Post by **Tim555** » Sat Feb 27, 2010 8:50 pm

rshelar wrote:Tim,

Thanks. Yes I intend to come back every 2 years to keep my ILR valid.

What I actually want to know is that if I come back before the end of 2 years is there a minimum period of stay in the UK to retain my ILR.

As the e.g. I gave, can I just come for say 15 days before end of two years and keep repeating that for every 2 year period

If you repeat it again and again than It would cause you a problem as JOHN said in his earlier relpy. I'm agree on his comment.

Sky_High · Post by **Sky_High** » Sat Feb 27, 2010 9:04 pm

You may think to apply citizenship.

Post by **geriatrix** » Sat Feb 27, 2010 10:38 pm

You must return to UK to "live here" within 2 years of travelling abroad to maintain your settled status (Immigration Rule 18). As John has suggested, you may be able to get away with it (short trips to UK) a couple of times, but is it worth the risk?

If you stay abroad for more than 2 years, you will lose your settled status - unless you can prove that you have lived in UK for most of your life or have strong ties to UK (e.g. - family). (Immigration Rule 19).

See IDI > Chapter 1 > Section 3: Returning residents and also IDI > Chapter 1 > Section 3 > Annex K: Exceptions to the two year rule.

rshelar wrote:As the e.g. I gave, can I just come for say 15 days before end of two years and keep repeating that for every 2 year period

If you want to live abroad and have the freedom to come back to UK for "short" trips (or no trips at all), wait until you naturalise and become a British passport holder.

regards

rshelar · Post by **rshelar** » Sat Feb 27, 2010 10:47 pm

Thank You for your replies.

sushdmehta...is there a parent link for the pdf's regarding the various laws you gave which has an index of all the law?

The link was very helpful but I am having difficulty in finding that on bia site by navigating.

Post by **geriatrix** » Sat Feb 27, 2010 10:53 pm

rshelar wrote:Thank You for your replies.

sushdmehta...is there a parent link for the pdf's regarding the various laws you gave which has an index of all the law?

The link was very helpful but I am having difficulty in finding that on bia site by navigating.

UKBA > Policy and law > Guidance and instructions > Immigration directorate instructions (IDIs)

regards

rshelar · Post by **rshelar** » Sun Feb 28, 2010 10:09 am

Great...Thats very helpful

hazzan · Post by **hazzan** » Mon Sep 28, 2015 4:58 am

Hello Is there an update not his, were you able to return to the UK for short trips and still retain your ILR? As i'm in a similar situation and need to either move back permanently or keep doing the short trips back.

regards,

Hassan

Wanderer · Post by **Wanderer** » Mon Sep 28, 2015 11:00 am

hazzan wrote:Hello Is there an update not his, were you able to return to the UK for short trips and still retain your ILR? As i'm in a similar situation and need to either move back permanently or keep doing the short trips back.

regards,

Hassan

Short trips back won't preserve ILR.

Plus this thread is over 5 years old.....

Kmaj007 · Post by **Kmaj007** » Mon Sep 28, 2015 11:19 am

@rshelar

C'mon tell us what are you upto ? why you took ILR if you were planning that in/out tennis with HO..?

If you have life in some other country, just stay there, Life is easy my friend don't complicate it

HelpThisPerson · Post by **HelpThisPerson** » Sat Jan 30, 2016 9:25 am

Wanderer, this thread is old as you said..

Whats the status of this question now because my case is also the same.

My mother's health is quiet worse and dependant relatives visa seems almost impossible (though I will give it a try) from what I read so far. I might have to make many long trips back to my home country, probably unpaid, probably work there for a year if its allowed in ILR. But I also want to keep my ILR because I will not earn as much in my home country as here to fund my mother's medical expenses which are huge and increasing.

Post by **secret.simon** » Sat Jan 30, 2016 11:33 am

Also see a similar question.

Further reading: Returning residents: SET 09

SET9.1 Who qualifies?

To qualify to enter the United Kingdom as a returning resident, you must:

have had indefinite leave to enter or remain in the United Kingdom when you last left
have not been away from the United Kingdom for more than 2 years
not have received assistance from public funds towards the cost of leaving the United Kingdom
now seek admission for the purpose of settlement
Fore more information, see paragraph 18 of the Immigration Rules part 1.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Condition to keep ILR - Minimum no. of days in UK?

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