ILR holder coming back after 1.9 years

[pkt1980]

Dear all,
I am sure this question has been asked many times before and I could find a few answers too. But please bear with me as I think I have a slightly different question here.

I am a British citizen and my wife is on ILR. Since Sep 2014 we have been living outside the UK for employment purposes after living in the UK for 7 years. Now, we are coming back to the UK to live and work there permanently. My job in the UK starts in November 2016, so we are coming to the UK at end of August 2016 for a week to finalize accommodation and schools for children (UK citizens) and finally move in October 2016.

Wife's details
- First left UK on ILR - Sep 2016
- Never came back to the UK
- Now moving permanently back again to the UK with the family and my job starts in November
- Booked tickets for 1 week visit at the end of August to finalize accommodation and schools
- Booked tickets for October 3rd week to move back permanently.

My question now is - Since my wife is away for 1 year 11 months away from the UK, will the Immigration officer in Heathrow cause any issues for her entry on ILR?

Also, I read that in some cases, they revoked the ILR and gave a visitor visa instead for the visiting entry. In that case, what is the best way to avoid this situation to happen as it might create more headache later.

I am truly coming back to live there permanently and have the offer letter and all related documents. Even started the relocation process with a company based in the UK. This offer is from one of the two largest aerospace giants in the world.

Please advise.
KT.

[Casa]

Your wife needs to be back in the UK to resettle before the 2 year deadline. Be aware that the brief 1 week visit back won't break the period of absence for immigration purposes, which means that her next entry in October is likely to flag up with the IO. It would be wiser for her to stay put here once she enters at the end of August to avoid the risk of losing her ILR.

[pkt1980]

Thank you Casa, for your quick reply. The situation you were referring to would have been perfect as she would not have to go through the immigration the second time. There are some personal constraints to that and hence was trying to explore options and wanted to hear any experiences that people might have in such cases.

The company has offered attorney services in their offer, specifically for immigration purposes. So, I think the best would be to consult them before making a move.

Thanks again for your help. At the then the option you suggested might turn our to be the best one.

best regards,

[Casa]

I'm not questioning the professional ability of the immigration advisors, but you should consider that much depends on the mood of the IO on the day at UK Border Control. Your wife must avoid being stamped in as a visitor.

[pkt1980]

I certainly hope so. Thanks again for your time.

[naazz]

Pleaase refer to the following link:

https://www.gov.uk/government/publicati ... nts-set-09

SET9.1
Who qualifies?
To qualify to enter the United Kingdom as a returning resident, you must:

have had indefinite leave to enter or remain in the United Kingdom when you last left
have not been away from the United Kingdom for more than 2 years
not have received assistance from public funds towards the cost of leaving the United Kingdom
now seek admission for the purpose of settlement
Fore more information, see paragraph 18 of the Immigration Rules part 1.

SET9.2 Who does not qualify?
A person who fails to meet one of the conditions in section 1 above should normally be refused entry. See exceptions.

Persons who have limited leave to enter or remain in the UK which has not expired, may wish to re-enter the UK as returning residents. Paragraph 20 of the Rules states that such persons do not qualify.

Anyone who is subject to a deportation order or whose exclusion is deemed to be conducive to the public good must be refused (paragraph 321A of the Immigration Rules part 9). For further guidance on deportation orders, see ECB4.3.

Those who were exempt from control during their previous stay in the UK because of their connection with a diplomatic or consular mission or an international organisation (Section 8 of the Act) do not qualify as returning residents.

A returning resident may not be refused entry on medical grounds, although an Immigration Officer can require the person to undergo a medical examination on arrival to the UK (paragraph 38 of the Rules).