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ILR 2 year absent from UK

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lriuui0x0
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ILR 2 year absent from UK

Post by lriuui0x0 » Sat Aug 05, 2023 2:31 pm

Hi guys, I have already obtained ILR. However, I want to leave outside of UK primarily and only return to UK maybe once a year for a short duration of a few days. I want to understand more about the 2 year absence rule for the returning resident.

The following website says, I can still keep my ILR status if I'm away from UK for less than two year, so long as 1) had indefinite leave to remain in the UK when you last left. 2) did not receive financial support from the Home Office to leave the UK.

https://www.gov.uk/returning-resident-visa

However, the immigration rule 18 states that there's a further requriement even I return in less than 2 years:

(iv) now seeks admission for the purpose of settlement.

https://www.gov.uk/guidance/immigration ... -in-the-uk

This rule is quite subjective. I wonder how much of that is enforced strictly at the border? Obviously I can tell the border officer that I intend to settle there but is there any sort of strict checks being performed?

I have a permanant remote job position in the UK so that somewhat can prove my "ties" to the UK.

Any advice on the interpretation of immigration rule, or from personal experience would be really appreciated!

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zimba
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Re: ILR 2 year absent from UK

Post by zimba » Sun Aug 06, 2023 12:17 am

ILR is granted to individuals who want to settle in the UK. That is its intention. If you want to settle and mostly live somewhere else and simply make short visits here just to keep the ILR status, then you are clearly not settled here by definition. As you know, paragraph 18 requires you to be admitted as a returning resident. I covered this before: general-uk-immigration-forum/keeping-il ... l#p2037249

If you simply make short visits here and cannot show on your return that you are here with a view to settlement, then UKVI can easily cancel/revoke your ILR. The UKVI may not always exercise this power but you run the risk of losing your ILR as you clearly will not be settled here.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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