Revocation of ILR

[arts99]

Hi,

I will really appreciate if somebody can guide me, as this issue is causing my friend a lot of distress.

My friend had got ILR on the basis of marriage about 15 years ago. He stayed married for about 6-7 years and got divorced. He left UK because of his family circumstances back home, but he made sure that he kept on coming to UK at least once in two years.

He wanted to come and start living in UK on a permanent basis but his circumstances never permitted him, however this time when he came he came with a firm intention of starting a job or a business and settle down.

He has never had any problems but on his last recent visit he was told that he will have to get a visit visa the next time he wants to come over to UK. However he can stay in Uk for as long as he wants.

This is a very strange situation so can anyone please guide if its possible for anyones ILR to be revoked if he has never broken any rule and has never been away from Uk for more than 2 years.

Will really apprecaite all guidance/help.

Thanks.

[John]

please guide if its possible for anyones ILR to be revoked if he has never broken any rule and has never been away from Uk for more than 2 years.

I think he is overlooking the fact that each time he re-enters the UK it should be for the purpose of resuming settlement here. However based upon what you say he has been using his ILR like some sort of glorified visitor visa, which is not the intention at all, well not until now.

However if he is now settled in the UK I don't think he should worry about this. However it might make sense to travel next time with proof that he is indeed residence in the UK .... maybe something like his Council Tax bill and a utility bill, and as relevant a recent payslip. In other words should his status get queried again he will be able to prove that he is indeed living in the Uk, rather than just visiting again.

[Papafaith]

Its not about breaking rules, anyone with ILR is supposed to make the UK a permanent place of abode. I think its been noticed that he is using in ILR like a visiting visa, hence he was asked to apply for a visiting visa.
Yes ILR can be revoked, looks to me like that is the case with the last instruction to your friend.
Am not an expert.

[SYH]

Well didnt your friend ask them why he was asked to get a visitor visa?

[arts99]

Thank you for all the responses.

The reason that the immigration official at the airport gave that my friend has re-married.

They also wrote the letter W on the entry stamp. Before this visit nothing was ever wrote on his entry stamps, can anyone please give an insight what significance the writing of the letter W has?

Thank you.

[SYH]

Warning?
I dont get it what does marriage have to do with it

[Eugene_UK]

Dear all,
I wonder if you are out of the country for about 1 year after getting ILR will you be able to apply for naturalisation after a while (say after another year spent in the UK) or not?

[Siggi]

Eugene_UK
Forget that idea, it does say you need to have one years residencey after you receive your ILR.

But think if you where out of the country for a year after your five years and had your ILR, you would have to be back in the UK for a further year before applying for BC

In other words 5 yrs plus 1 yrs break ,then returned to the UK for 1 yrs and then apply for BC

Hope that makes sense

[olisun]

Eugene_UK
Forget that idea, it does say you need to have one years residencey after you receive your ILR.

But think if you where out of the country for a year after your five years and had your ILR, you would have to be back in the UK for a further year before applying for BC

In other words 5 yrs plus 1 yrs break ,then returned to the UK for 1 yrs and then apply for BC

Hope that makes sense

Check the other thread in this forum... a similar case

http://www.immigrationboards.com/viewtopic.php?t=15588

[Eugene_UK]

thank you, olisun. so HO would not mind if after receiving ILR I spend 1 year abroad and then after another year in order to make it 5+1 years in the UK I can apply for Naturalisation. Am I right?
it seems strange to me that ILR can be revoced - why is it called Indefitite Leave to Remain then?

[SYH]

Because you REMAIN indefinitely, not play tag

[Marco 72]

thank you, olisun. so HO would not mind if after receiving ILR I spend 1 year abroad and then after another year in order to make it 5+1 years in the UK I can apply for Naturalisation. Am I right?

How long were you absent from the UK over the past 5 years? Make that 3 years in case you are married to a British citizen.

[rogerroger]

i dont think marriage has anything to do with it.

my dad had his ILR revoked many years ago because he was living out of the UK and visiting once every 2 years for quite some time (actually i think he did it for 10 years).

it does not seem fair for ILR that they cant reside outside the countries whilst british citizens can remain outside (or can they?)

a friend of mine was out of the UK for over 20 years, (of course he was born, so i guess they could not take his nationality away on that basis)

[sakura]

i dont think marriage has anything to do with it.

my dad had his ILR revoked many years ago because he was living out of the UK and visiting once every 2 years for quite some time (actually i think he did it for 10 years).

it does not seem fair for ILR that they cant reside outside the countries whilst british citizens can remain outside (or can they?)

a friend of mine was out of the UK for over 20 years, (of course he was born, so i guess they could not take his nationality away on that basis)

Well, they are nationals, not residents. ILR is a residence visa (for technical sake) for people who want to reside here (permanently, of course), and you don't need to become a citizen just because you hold ILR. If you aren't in the UK then it shows you don't need/want ILR and you don't need/want to live in the UK on a permanent basis.

Also, I read somewhere that even BCs cannot leave the UK for ages and ages and come back and immediately start using public services like the NHS? Like..if you are diagnosed with cancer in, say the US and you are not a legal resident or something, you cannot fly back to the UK for long-term medical treatment if you haven't been paying taxes? Well....I only read it somewhere...does anyone know if this is true?

[SYH]

I don't think that's completely true.
You can be working abroad and paying UK taxes per reciprocal agreement so you wouldn't exactly be not contributing to the system so that you shouldn't be able to benefit.
However in general the UK is different once you intend to reside, you are covered so in fact, if you were abroad and decided to return, I think you can just pick up from scratch.
They don't particularly like it but the system isn't rigorous enough to stop it from happening at this time.

[vic]

well i have 2 friends who are white south africans - only in the uk now for work - but they both have uk citizenship (i dont know the details but they got these officially from the embassy in s.africa as both their parents, for the both of them, are british).

They both entered uk (for the first time) within the last 3 years & they are fully entitled to everything (they both & i work in the nhs)

[JAJ]

Also, I read somewhere that even BCs cannot leave the UK for ages and ages and come back and immediately start using public services like the NHS? Like..if you are diagnosed with cancer in, say the US and you are not a legal resident or something, you cannot fly back to the UK for long-term medical treatment if you haven't been paying taxes? Well....I only read it somewhere...does anyone know if this is true?

True and false.

British citizens living outside the UK cannot use the NHS (while visiting the UK). But if a British citizens became ill overseas and decided to move back to the UK, then he or she could use the NHS immediately.

Hyopthetically, a dual British/US citizen diagnosed with cancer in the US could move back to the UK, obtain medical treatment and once cured, return to the US.

However, not many people in reality would do this (even if it's theoretically possible) because usually they will prefer to be in familiar surroundings with their support network. Which in the case of long term residents overseas, is more likely to be overseas rather than in Britain.