Indefinate Leave To Remain validity once living in Thailand

[sotonfarang]

my wife has ILR and we are thinking about moving to Thailand will this invalidate her ILR or is there a timescale that it becomes invalid

for example if she returns for 2 weeks every year will ILR be extended?

or if she is out of the UK for more than 12 months will we need to start the process again?

does it ever get revoked?

thanks

[Tywais]

Moved to Visas to Other Countries.

[Richard W]

UK 'Permanent residence' of everyone but British nationals lapses after two years absence. (Actually, I suspect that the EU permanent residence in the UK of a British national may also lapse.)

If someone with ILR returns for just a visit, rather than to resume settlement, ILR may lapse then even though two years from departure have not elapsed. In such a case, they will be given limited leave to enter.

There has been a policy of indefinite leave to remain being restored when a settlement visa is applied for (this happened with a colleague's Japanese wife a few years ago), but I am unsure of the details, and would not trust the policy to have remained unchanged. In general, a 'returning resident' can apply for a returning resident's visa that will restore indefinite leave to remain (if limited leave has not been granted in the meantime), but the requirements for such a restoration are not clear.

In your case, I strongly recommend that your wife reapply for British citizenship before quitting the UK.

[wooloomooloo]

In your case, I strongly recommend that your wife reapply for British citizenship before quitting the UK.

we spoke to a chap at the home office who said that our citizenship result letter will be with us at the by the start of the following week, we waited for 2 weeks, called again and told them this.They said that this was rubbish and he should not have said it and its still being processed, so frustrating!

i then requested the return of our documents as advised by other forum members, which would hopefully spur them on a bit, they quoted 10 working days for the return, it took 1 day.

still heard nothing, bordering on the pathetic now

its 9 months on the 10th of january, 95% are supposed to be completed within 6 months, if it goes over 8 months is the next timeline.

STRESSED!

The OP's wife already has an application lodged, Richard, albeit taking a long time.

Sotonfarang, did you ever follow up with your wife's referees as to whether they have been contacted to provide references?

[7by7]

Indefinite Leave to Remain is not permanent; it is indefinite. It will lapse if the holder spends a continuous period of two years or more outside the UK.

Someone whose ILR has lapsed can apply for a returning residents visa if they intend to return to the UK permanently to live. If they just want to visit then they should obtain a visit visa.

In addition; if an ILR holder lives abroad and just uses their ILR for regular visits to the UK and this becomes apparent to immigration at a UK port of entry then immigration can cancel their ILR. Although they will be allowed in as a visitor on that occasion, they will in future need the appropriate visa to enter the UK.

[sotonfarang]

ok thank you for your replies

yes we are still awaiting my wifes citizenship outcome, its been 9 months now so i am exploring alternatives incase of a bad result.

no we haven`t contacted our referrees, I can`t even recall who they were, if any were given at all.sounds crazy but i really dont remember giving any.

[socksy01]

If I recall correctly once ILR is granted your other half would have to return at least once within two years and more than two weeks would be advisable. My ex didn't do it so her status has lapsed.

[Ws93]

My mum has an indefinite leave to remain.

Its still valid even if she goes back to Thailand.

[7by7]

If I recall correctly once ILR is granted your other half would have to return at least once within two years and more than two weeks would be advisable. My ex didn't do it so her status has lapsed.

My mum has an indefinite leave to remain.

Its still valid even if she goes back to Thailand.

Sorry, the above two posts are not fully correct.

As I said before:

Indefinite Leave to Remain is not permanent; it is indefinite. It will lapse if the holder spends a continuous period of two years or more outside the UK.

Someone whose ILR has lapsed can apply for a returning residents visa if they intend to return to the UK permanently to live. If they just want to visit then they should obtain a visit visa.

In addition; if an ILR holder lives abroad and just uses their ILR for regular visits to the UK and this becomes apparent to immigration at a UK port of entry then immigration can cancel their ILR. Although they will be allowed in as a visitor on that occasion, they will in future need the appropriate visa to enter the UK.

[sotonfarang]

cheers for the advice guys