Ilr Expiry

[a man with a plan]

My (Thai) wife has an ILR visa for the UK. We'd like to keep it as we will probably be moving back over there in a few years (I want our son to go to school in the west)

But we've been here (Thailand) for nearly 2 years straight now, well a year and a half to be precise.

I have read that after 2 years of continuous stay outside of the UK the ILR gets revoked. How do I prevent this from happening?

If we go to the UK before the 2 years is up,

• How long would she have to be there?

• What would she have to do?

• Would the clock reset on the 2 years before it would would be revoked (though we would actually be back before that time)

Any help is much appreciated.

[7by7]

If she lives outside the UK for a continuous period of two years or more then her ILR will lapse. The only way of preventing this is to return to the UK to live before the end of the two years.

You may be able to 'reset the clock' by making visits to the UK, but if an Immigration Officer at her port of entry suspects that this is what she is doing then she will be questioned about her intentions and if the IO's suspicions prove to be correct her ILR will be canceled; although she will be allowed in as a visitor on that occasion.

Some may ask how the IO would find out as the UK does not stamp passports on exit; but the Thai, or other, entry and exit stamps would be a major clue!

The only way for an immigrant from outside the EEA to achieve the freedom to leave and enter the UK as often and for as long as they wish is to live in the UK long enough to qualify for British citizenship; currently three years for the spouse or partner of a British citizen, 5 years for others (there are, of course, other requirements as well as these residential ones).

If her ILR does lapse then she will have to apply for the appropriate visa to enter the UK.