ILR-Absence from the UK

[DKV]

Hi,

Need advice on allowed absence from the UK.

My friend and his daughter are British citizens. His wife has ILR status and has been absent from the UK for 1 year and 10 months. She wants to return to the UK for 3 weeks and return to India for 6 months again. This is to avoid the 2 years continuous absence from the UK. I am not sure if this is the right thing to do.

Their daughter is also in India but my friend has remained in the UK.

I know this will question her ties to the UK but is this something she can get away with for this time? She has worked for the NHS during covid times and has taken a sabbatical due to stress related issues.

Thanks in advance

[zimba]

There is no 'allowed absence' concept for ILR holders. After 24 months of continuous absence, ILR will lapse and you need a returning resident visa. UKVI can revoke someone's ILR status as per the immigration rules. Short visits to the UK do not necessarily maintain ILR status as you need to return as a resident with a view to settlement: general-uk-immigration-forum/keeping-il ... l#p2037249

[DKV]

Thanks Zimba

[DKV]

Hi Zimba,

One more question please. Is there a time limitation for British citizens spending time overseas?

[CR001]

Hi Zimba,

One more question please. Is there a time limitation for British citizens spending time overseas?

No there is not.

[DKV]

Thanks CR001

[CR001]

Just remember that long absences could affect the ability to use nhs etc and if you claim beneifts, you must inform the relevant departments that ypur spouse and child are not in the uk. Failing to do so, and being paid when not entitled, is benefit fraud.

[DKV]

Ok thanks CR001