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gc123 wrote:I know the rule is that you must consider the UK your permanent home and not be away for more than 2 years.
Does anyone know how this is enforced in practice?
For example, if you go back to your home country for 18 months and then decide to return to the UK would you definitely be allowed back in?
Would you get away with coming back for a few weeks every 1-2 years to keep options open?
Would all this depend on luck with the border staff?
Thanks
All I can say is that he's been lucky. The day an immigration officer spots the pattern and questions the individual, the ILR will be revoked. The immigration rules are very clear on the issue.shs213 wrote:I dont think so...
A family memeber has been in ILR since 80s, kids born here in 1980...
he's been based back home, makes a visit once in 2 yrs to keep the ILR alive... for the last 10 - 15 yrs he only worked in the UK for 5 yrs at a stretch, all other times he visits the UK to maintain his ILR status...
He's arriving to the UK in couple of weeks for a short "show up" - never had any problems...
Hope this helps, but why not apply for BC ASAP and go on dual citizenship to avoid any undue risk...
Lucky man!!shs213 wrote:I dont think so...
A family memeber has been in ILR since 80s, kids born here in 1980...
he's been based back home, makes a visit once in 2 yrs to keep the ILR alive... for the last 10 - 15 yrs he only worked in the UK for 5 yrs at a stretch, all other times he visits the UK to maintain his ILR status...
He's arriving to the UK in couple of weeks for a short "show up" - never had any problems...
Hope this helps, but why not apply for BC ASAP and go on dual citizenship to avoid any undue risk...
thanks sushmehta,sushdmehta wrote:sama, I don't see a reason why your ILR can be revoked on basis of information posted above, as all your absences (as above) have been after you were granted ILR status, you haven't been outside the UK for 2 years (in one go) and you are now settled in UK (self-employment, family, estate). So, unless ILR was obtained using fraudulent means, I don't think you have anything to worry about.
UKBA was correct however, IMHO, in refusing your naturalization application given the number of absences during the residential qualifying period.
regards