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Thank you for your response. If I understand correctly, item 18 refers to the category of returning residents, while I am more interested in people with ILR who went away for a short holiday (say a week or two), while still maintaining their residence/employment in the UK. Can 321A(4A) still apply to them? I don't see a clear qualification in the immigration rules which states otherwise.
In other words, each time a person with ILR comes back, they are treated as returning residents?vinny wrote:ILR holders are subject to the Returning residents provisions.
True, except that it's very clear what the grounds for losing ILR are for people inside the UK, as opposed to those who need to travel.vinny wrote:All the rules are subject to interpretation.
It is not easy to revoke ILR.It can be revoked if someone has been sentenced to 12 months or more and the state decides your presence is not wanted for the public good.ukswus wrote:True, except that it's very clear what the grounds for losing ILR are for people inside the UK, as opposed to those who need to travel.vinny wrote:All the rules are subject to interpretation.
By the way, I am not quite clear what is the point of calling ILR holders as "not subject to immigration control", if there is indeed a discretion to deprive them of ILR so easily. At the very least, I think ILR holders with minor convictions should be aware of the risk they are taking before they travel. Then again, I haven't heard any stories where this potential discretion was exercised, so maybe it never happens in practice.