wife visiting uk with ILR

[IsacHunt]

My wife was granted ILR in 2003 and lived in England until August 2013 when we (my wife, son and I) moved to live in Thailand. I arrived back here (England) in March to work for 6 months. My wife and son are due to visit for 1 month in June.

From what I have read on various websites my wife can re-enter the UK on her IDL as long as she has not been out of the UK for more than 2 years. However because its only a holiday and not to reside permanent the IDL will be revoked and she will be stamped in as a visitor.

Am I correct in my above interpretation of the rules? I would much appreciate any advice or anyone been in a similar situation who can confirm or otherwise my take on the rules. Thanks

[wooloomooloo]

If it were my wife in this situation we wouldn't take the chance and just apply for a visit visa.

There is a risk that a Border Force officer suspects that your wife is coming back just as her ILR is about to expire with the intention of residing illegally thereafter and turn her back to LOS. Unlikely, but anything could happen.

A quick visit visa application would cut through the uncertainty, if granted, and no reason for it not to if your wife explains that she's no further need for ILR [it's going to elapse anyway] and that she only requires a short holiday with her husband while he sees out his contract.

[Richard W]

If it were my wife in this situation we wouldn't take the chance and just apply for a visit visa.

There is a risk that a Border Force officer suspects that your wife is coming back just as her ILR is about to expire with the intention of residing illegally thereafter and turn her back to LOS. Unlikely, but anything could happen.

A quick visit visa application would cut through the uncertainty, if granted, and no reason for it not to if your wife explains that she's no further need for ILR [it's going to elapse anyway] and that she only requires a short holiday with her husband while he sees out his contract.

Applying for a visit visa almost guarantees prompt loss of ILR.

Isacchunt's wife has every right to resume residence in the UK in June 2015. She was resident up until August 2013. She would need no-one's permission to stay indefinitely. If she is suspected of coming back just for a visit then she might be given limited leave to enter on arrival in the UK rather than having her indefinite leave confirmed. This change from indefinite to limited leave can be challenged, though I am not sure of the procedure.

In short, my reading of the rules agrees with IsaacHunt's. Wooloomoo's advice is wrong.

[wooloomooloo]

Applying for a visit visa almost guarantees prompt loss of ILR.

Isacchunt's wife has every right to resume residence in the UK in June 2015. She was resident up until August 2013. She would need no-one's permission to stay indefinitely. If she is suspected of coming back just for a visit then she might be given limited leave to enter on arrival in the UK rather than having her indefinite leave confirmed. This change from indefinite to limited leave can be challenged, though I am not sure of the procedure.

In short, my reading of the rules agrees with IsaacHunt's. Wooloomoo's advice is wrong.

I never proffered any advice but simply stated that I wouldn't chance my wife's arm and my money in such a situation.

The OP clearly stated that his wife will arrive for a one-month holiday and, further, that his wife's ILR elapses in August 2015. The OP appears to appreciate that fact.

The OP's wife isn't arriving to a UK port to resume her ILR but for the sole purpose of taking a short holiday. The devil is in the detail.

Richard, you are wrong to assume that an open border is assured.

Please read my previous post carefully before making such grand and assured statements. Easy to say everything is fine when it's not your time and money.

Edited April 20, 2015 by wooloomooloo

[wooloomooloo]

If she is suspected of coming back just for a visit then she might be given limited leave to enter on arrival in the UK rather than having her indefinite leave confirmed. This change from indefinite to limited leave can be challenged, though I am not sure of the procedure.

She "might" be given limited leave to enter on arrival...? Blimey.

[IsacHunt]

Thanks for your replies. I would have no concerns if she was coming to reside, its the fact its only a short visit. So technically ILR would be the wrong visa for the purpose of the visit.

I wont go down the route of a visit visa. An after thought, If she arrived on a one way ticket then problem solved, although the flights will probably work out more expensive ( im a proud Cheap Charlie) so would prefer round trip tickets. Either way surely it would a bit harsh to deny entry but like u said I don't want to any chances.

[Richard W]

There is a risk that a Border Force officer suspects that your wife is coming back just as her ILR is about to expire with the intention of residing illegally thereafter and turn her back to LOS. Unlikely, but anything could happen.

How could she have the intention of 'residing illegally'? She has every right to resume her residence.

If she is suspected of coming back just for a visit then she might be given limited leave to enter on arrival in the UK rather than having her indefinite leave confirmed. This change from indefinite to limited leave can be challenged, though I am not sure of the procedure.

She "might" be given limited leave to enter on arrival...? Blimey.

Yep, she might not be readmitted as a returning resident.

Richard, you are wrong to assume that an open border is assured.

I refer you to the Immigration Directorate's Instructions Chapter 1 Section 3 Returning Residents Sections 2.4 and 2.5 - "If, after further examination,it is clear that the passenger is only visiting the United Kingdom before resuming residence overseas he should be admitted as a visitor as described in paragraph 2.4 above."

As HMG has a clear policy of promoting link rot, the chain leading to this instruction is:

Visas and immigration operational guidance

Visas and immigration operational guidance Immigration directorate instructions

Visas and immigration operational guidance – collection: Chapter 01: general provisions (immigration directorate instructions)

Edited April 20, 2015 by Richard W

[IsacHunt]

Thanks for the info Richard. Should be no problem gaining entry then. Shame she didn't get a British passport when she had the chance, would have saved any hassle visiting in the future.

[DRG]

My wife has had ILR since 2003. We moved back to Thailand when I retired in 2006. We have visited th UK at least every two years for a short holiday. We have just returned from our latest holiday but we made a mistake on dates and were two years and one day since our last trip. Emirates gave us a hard time at bkk and Dubai but let us on. We saw a delightful lady Border Force officer at Gatwick. I said that we were possibly a day over the two years. She consulted her boss and stamped us in. I asked about the residency rule and she said that they know that many ILR holders spend more time away than in the UK, particularly retirees. They don't look too closely.

Presumably they have more important problems to address.

[7by7]

It is perfectly possible that an ILR holder who lives abroad and is just returning to the UK for a visit will be allowed in, no questions asked or even if the IO knows they are only visiting; as the above poster's wife was.

It is equally, probably more, likley that immigration will not be so cooperative and stick to the rules, Paras 18, 18A, 19 and 19A of the Immigration Rules, and follow the procedure in Chapter 3, Section 1 of the IDIs, and if appropriate cancel the ILR whilst admitting the holder as visitor on that occasion.

But were I an ILR holder now resident abroad who made regular visits to the UK then I would use my ILR for entry to the UK until that happened.

Of course, if the ILR holder has been outside the UK for a continuous period of 2 years or more then their ILR will have lapsed and they should obtain the appropriate entry clearance should they wish to enter the UK again.