Living In Th After Ilr

[aniMAL]

My wife has ILR, as of this week!

We plan to move over to Thailand soon. We will return (to the UK) for around 3 months each year. Will my wife have any problems with UKBA? I realise that we should be resident or returning to be resident, with ILR.

Obvious answer is to stay another year + and get citizenship and passport, but all timing is good now, and been waiting a long time already!

Any thoughts?

[MAJIC]

Seems it would be best to contact the UKBA Rules,before committing yourself.

Returning residents

Please note that ILR status can be lost if an individual remains out of the UK for more than 2 years on a single occasion or when it appears that an individual only spends short periods of time to retain their status and does not appear to have made the UK their principal home. This is known as the ‘returning residents’ rule.

[aniMAL]

Yes, i know that by the rules our plan doesn't look too good! It leaves too much to the discretion of the Immigration Officer. Looks like it might be plan B...

[Thongkorn]

Just come back to the UK for a Holiday. As you say, every year or every other year will get you the Stamp in your Passport. that should be OK.

Edited February 18, 2012 by Thongkorn

[Basil B]

Seems it would be best to contact the UKBA Rules,before committing yourself.

Returning residents

Please note that ILR status can be lost if an individual remains out of the UK for more than 2 years on a single occasion or when it appears that an individual only spends short periods of time to retain their status and does not appear to have made the UK their principal home. This is known as the ‘returning residents’ rule.

It may well be seen that if you spend more time out the UK in another country that that country is your principle home.

[MAJIC]

Seems it would be best to contact the UKBA Rules,before committing yourself.

Returning residents

Please note that ILR status can be lost if an individual remains out of the UK for more than 2 years on a single occasion or when it appears that an individual only spends short periods of time to retain their status and does not appear to have made the UK their principal home. This is known as the ‘returning residents’ rule.

It may well be seen that if you spend more time out the UK in another country that that country is your principle home.

That was also the way I read it.

[MAJIC]

Seems it would be best to contact the UKBA Rules,before committing yourself.

Returning residents

Please note that ILR status can be lost if an individual remains out of the UK for more than 2 years on a single occasion or when it appears that an individual only spends short periods of time to retain their status and does not appear to have made the UK their principal home. This is known as the ‘returning residents’ rule.

It may well be seen that if you spend more time out the UK in another country that that country is your principle home.

Edit for double Post

Edited February 18, 2012 by MAJIC

[aniMAL]

Just come back to the UK for a Holiday. As you say, every year or every other year will get you the Stamp in your Passport. that should be OK.

That is what we planned, and staying for a few months to help out with family business (every year). I'm sure i've heard that people with ILR, but based mainly in Thailand have done this with no problems.

[steve187]

you would be better working out the maximum time you can spend out of the uk, to allow for citizenship, remember its three years from any entry into the uk, subject to time out of the country restrictions, did she enter uk prior to settlement visa?

[aniMAL]

Yes, she was in the UK for 5 months on a visit visa prior to the Settlement visa. But with the gap between the vv and settlement, added to the fact we've been out of the UK quite a bit, it doesn't work out. So, has to be 3 years from arrival when on settlement visa. We can have another 60 days away, and just be under the 270 day rule. Looks like that is the way we'll play it.