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ILR absence; 450days or 2years?

General UK immigration & work permits; don't post job search or family related topics!

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craig_m67
Newly Registered
Posts: 16
Joined: Wed Dec 13, 2006 10:16 pm
Location: London

ILR absence; 450days or 2years?

Post by craig_m67 » Wed Oct 22, 2008 11:45 am

We’re considering moving back to Australia for a short period after the tragic loss of Jemima our very gorgeous 3yr old daughter (for a service, to be with family, clear our heads etc). Before we go I’d like clarification of the rules/conditions around ILR when/should we decide to return (very likely).

I am British citizen by descent. We all arrived in the UK in June 06, my partner (and Jemima) on a sponsored (to acc partner/spouse?) visa. They were both granted ILR in June 08.
It’s not clear to me (from the HO website) if my partners ILR will lapse after 2 years absence or 450 days.
Can anybody confirm how long you can be out (non resident) of the country before losing your ILR?

Also, I understand that married partners only wait 3years (as opposed to 5years for sinners). If we whipped off and got married, would residency be calculated from the arrival date (Jun 06) or from the date of marriage? (highly unlikely scenario given current situation but just wondered).

Thanks in advance

Craig

vinny
Moderator
Posts: 33230
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Oct 22, 2008 2:01 pm

Currently, ILR may lapse after two years.

See also Requirements for naturalisation if you are married to or the civil partner of a British citizen (Start of the residential qualifying period)
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