Returning Resident - Immigration Rule 20 and 2 year clock

[bjbatra]

I am an Indian national with ILR. I have been offered a 1 year work-contract abroad with the UN.

My wife (also Indian national with ILR) will remain in the UK during this year, and I will therefore be travelling back to the UK at least 2-3 times for 1-2 weeks each time in the next year. As I understand it, these visits home will not be as a 'visitor', but should be covered by 9.3 of the Guidance Returning Residents (https://www.gov.uk/government/publicati ... nts-set-09)

“However, a person returning temporarily to the UK is not necessarily a visitor. For example many people have their home in the UK and may spend substantial periods overseas on short-term business contracts or for studies and return to the UK for only a short period during holidays. This will not disqualify a person from readmission as a returning resident, provided:
• he is normally resident in the UK; and
• at the time of his admission they consider the UK to be their permanent home, and
• he has not been away from the UK for more than 2 years and intends to return to the UK for settlement in the future.”

1. Am I reading the above provisions wrongly?

2. Is there any information or further detail available as to what has been found to be “substantial periods overseas on short-term business contracts”? Would 12 months qualify? Hypothetically, would 18 months be too much?

3. What would be required to show “normally resident in the UK”?

4. A further very important question then arises about the calculation of two years mentioned in Immigration Rule 18. Rule 20 notes that "leave lapses on the holder remaining outside the United Kingdom for a CONTINUOUS period of more than two years." If the above reading of 9.3 is correct, then would the 2-year clock not be reset with every return?

I'd be very grateful for any advice, in particular on how this is implemented/practiced?

thanks

[bjbatra]

Would be good to hear from the senior members on this question, which I think affects many people.

In the meanwhile, I found this on ordinary residence/ normal residence in the UK (mentioned in SET 9.3)
https://www.gov.uk/government/uploads/s ... idence.pdf

[theroyale]

I will be in a similar situation soon. Can't address your other questions due to my lack of experience but definitely the clock resets after every visit back to the UK. Note that the "clock" is simply informally verified by the officer at the border (immigration at Heathrow), when he asks you, "HOw long have you been outside the UK".

[CR001]

definitely the clock resets after every visit back to the UK.

It does not, this is incorrect information. Visiting the UK for short periods does not maintain the status of ILR. The rule is clear, if you have not live (been settled) in the UK for 2 years, ILR is lost. A key word is to remember that ILR = settled in the UK. A visitor is NOT settled in the UK.

[bjbatra]

Thanks CR0001 - I'd agree that the resetting of the clock is not 'definite', but would to good to know your reading of the 9.3 discussion on 'visitor' which I have included in the original post.

[ouflak1]

I am an Indian national with ILR. I have been offered a 1 year work-contract abroad with the UN.

This should be fine as long as it is obviously a temporary contract, and it is equally obvious that you still consider the UK your home, which it sounds like it does. A couple of questions: Where will you be located? Is the contract directly with UN, or another employer (perhaps based in the UK?).

[theroyale]

It does not, this is incorrect information. Visiting the UK for short periods does not maintain the status of ILR. The rule is clear, if you have not live (been settled) in the UK for 2 years, ILR is lost. A key word is to remember that ILR = settled in the UK. A visitor is NOT settled in the UK.

Right. I should have said "the clock resets after every return to the UK" - would this be more accurate?

If I have a business that has interests both in the UK and another country and I spend time living and working in both countries, how would you categorise my time in the UK?

[ouflak1]

It does not, this is incorrect information. Visiting the UK for short periods does not maintain the status of ILR. The rule is clear, if you have not live (been settled) in the UK for 2 years, ILR is lost. A key word is to remember that ILR = settled in the UK. A visitor is NOT settled in the UK.

Right. I should have said "the clock resets after every return to the UK" - would this be more accurate?

If I have a business that has interests both in the UK and another country and I spend time living and working in both countries, how would you categorise my time in the UK?

Well it doesn't really matter how we categorize it. It only matters how the Border Agent categorizes it any time you arrive in the country. If they decide right then that you are not a resident, then that's it. You may just have to make a hard decision about where your home is really going to be, and stick to it. With exit checks now in place, this will no longer be just a matter of how the Border Agent is feeling that day. They'll know your travel history within seconds, both in and out. If this travel very obviously does not fit within the spirit of the ILR you have been granted, then you know the answer. It might take a couple of years for it to finally happen, but it will be an inevitable loss of this status. If it still questionable (half, or barely more, of your time spent in the UK with big swathes spent outside in one country otherwise), well it could go any way. If most of your time is still spent in the UK, and it is obvious from your travel that this is your home no matter where else in the world you happen to be the rest of the time, then you will probably be waived through no problem. It just depends. You probably know better than we do what your travel will look like.

[theroyale]

Was at Stansted returning from holiday yesterday. At Passport Control the officer had a trainee with him. The conversation was interesting so thought I would share it here.

Officer (to me): How did you become eligible for your ILR sir?

Me: 5 years on a Tier-1.

Officer (to me): And how long have you been away this time?

Me: About 10 days.

Officer (to trainee): Remember the time limit?

Trainee: Mm, 2 years.

Officer to trainee (flipping through passport pages): Yes, and if you have any doubts then check the stamps for the dates.

--

So it's fairly clear that they are keeping an eye on the 2 year clock for all ILR holders who have been out of the country for any length of time.

Mine was only 10 days and quite clearly a holiday, but would be interesting to hear the officer's response if someone had said 1 year. I imagine the follow-up question would be "What were you away for?" and that any further checks would depend on that.

But as has been pointed out in this thread earlier, if one is only making token trips to the UK to reset the clock while being in another country for large chunks of time, it may only be a matter of time before being outed. Having said that I still do think that in a globalised age this idea of "settled" is a grey area, that there are many people who may be 'settled' in terms of both home and work life in two countries simultaneously. So it would be great if the rule was further articulated and clarified by UKBA at some point.

[ouflak1]

... I still do think that in a globalised age this idea of "settled" is a grey area, that there are many people who may be 'settled' in terms of both home and work life in two countries simultaneously. So it would be great if the rule was further articulated and clarified by UKBA at some point.

Permanent Residence is actually a relatively new concept on the stage of world immigration and, perhaps surprisingly, only about 60-70 countries offer anything like it, each with their own variations. The number of people on the planet who truly might be considered 'settled' simultaneously in two countries has got to be vanishinigly small when compared with the number of immigrants overall. I doubt the UKBA is going to feel any pressure on this topic for a long long time, if ever.

[theroyale]

The number of people on the planet who truly might be considered 'settled' simultaneously in two countries has got to be vanishinigly small when compared with the number of immigrants overall. I doubt the UKBA is going to feel any pressure on this topic for a long long time, if ever.

Maybe so but anecdotally there is a first-world bias to this small number, i.e. there is a higher proportion of Americans/Canadians/Australians who may want to have such an arrangement, and now that Brexit is happening there may be a number of EU folk too. Anyway that is all speculation.

I have submitted a FoI request on this through whatdotheyknow. Will update here if the Home Office gets around to responding.