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ILR expired or not

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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heyitsme
Junior Member
Posts: 78
Joined: Sat May 14, 2016 12:22 pm

ILR expired or not

Post by heyitsme » Sun Oct 23, 2016 8:22 pm

I am British Citizen and my wife has an ILR that was granted in 2011. We both have not been resident in UK since 2011. We were in France for the last 3 years. We have been frequently visiting UK for few days at least 2 times an year. As previously discussed on this forum few senior members pointed it out to my attention that my wife's ILR might have become invalid but I have been lucky that the Immigration officer didn't object to my wife's non resident status anytime we visited UK (last visit may 2016). The ILR stamp is on her old passport and we keep both passports together every time.

I am now concerned if I apply for BRP for my wife the Home Office might check my wife's absences from the UK and might cancel her ILR. I plan to apply for BRP when we are in the UK next time.

1) Can anyone please guide me if it is probable that they might cancel her ILR when we apply for BRP while she is physically within the UK?

2) If I get her BRP then Can her absences from the UK cause any problem if she stays in UK and applies for naturalization after 3 years?

heyitsme
Junior Member
Posts: 78
Joined: Sat May 14, 2016 12:22 pm

Re: ILR expired or not

Post by heyitsme » Mon Oct 24, 2016 9:25 pm

Can someone please reply to this? Thanks in advance

nasirkhan
- thin ice -
Posts: 229
Joined: Sun Jun 08, 2014 11:11 pm

Re: ILR expired or not

Post by nasirkhan » Tue Oct 25, 2016 11:40 pm

You'd be Olright - Go for it !

User avatar
Casa
Moderator
Posts: 25774
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: ILR expired or not

Post by Casa » Wed Oct 26, 2016 9:46 am

Why does your wife want you want to apply for a BRP?

No one can confirm whether your wife's absences will be flagged on a subsequent application. It may be prudent to apply for a SAR to clarify what information the UKVI hold regarding her immigration history.

https://www.gov.uk/government/publicati ... mmigration
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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