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Rules for returning residents with ILR

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

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

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stan
Newly Registered
Posts: 5
Joined: Sat Sep 29, 2001 2:01 am

Rules for returning residents with ILR

Post by stan » Tue Aug 03, 2004 11:42 am

Hi all,

I understand that people with ILR are allowed to return to the UK if you haven't been away for more than 2 years AND you can convince the immigration officer that you intend to live in the UK permanently. (correct me if I am wrong)

I am considering working overseas for a few years but still would like to keep the UK as my "home" & to keep my ILR. I intend to come back to the UK for holidays say twice a year.

Can I keep my ILR by coming back for holiday every 6 months? If I own a house in the UK, is a house sufficient to prove my tie to the UK & allowed to enter the UK? I have a brother on work permit in the UK. Is he considered a sufficiently strong family tie for me to be allowed to enter the UK?

Unfortunately, citizenship is not possible for me.

Thanks for your advice. Advice based on practical experience is especially appreciated. :)
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Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Aug 03, 2004 11:48 am

Is your prospective 'overseas' employer a British Company?
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vin123
Member of Standing
Posts: 403
Joined: Sun Nov 17, 2002 1:01 am

Post by vin123 » Tue Aug 03, 2004 11:59 am

HO doument says, whilst on ILR you must not have continuous absence for 2 years, otherwise your ILR stamp may become invalid at a port of entry in UK.
If you are planning to work abroad, you are legal to do so provided you maintain tie-ups and often visit the country without being absent for more than 2 years. Since you already have an ILR, you need not have to buy a house to prove or show tie-ups here, but it will only help you in case of any concerns raised by immigration/HO authorities regarding your status.

In your case, with a mortgage and visit to UK twice a year you should not have any problem maintaining your ILR.
Brother on WP in UK is not a family tie-up.
Legally married wife currently residing in UK is valid family tie-up.
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stan
Newly Registered
Posts: 5
Joined: Sat Sep 29, 2001 2:01 am

Post by stan » Tue Aug 03, 2004 12:11 pm

Kayalami wrote:Is your prospective 'overseas' employer a British Company?
I haven't found an overseas job yet. Do you mean it would be easier if the parent company is British? Do I have to ask the parent British company to employ me in the UK and send me abroad?

Do you have the same opinion as Vin123 that owning a house in the UK and holiday in the UK twice a year are sufficient to keep my ILR?
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