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Old Oct 6th 2017, 3:03 pm   #16
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Default Re: Returning Resident UK

Nothing to do with finances or work commitment (my wife doesn't work in USA and was not allowed to on an H4).

Others have mentioned on this forum that as soon as you travel to the UK as a visitor you lose the ILR status and the chance to recover it based on returning resident visa SET 09. For SET 09 my wife has been >50% of life in UK (27 years), has strong family ties (our kids at Uni) and of course still have a home (house rented). So I am clinging to the chance they will see the Exception for strong ties to the UK as mentioned in: http://www.gov.uk/government/publica...-09#exceptions

If they do not, then basically they are wasting everyones time and money, as we will appeal and use attorneys, and even just go back to spouse visas and all that (what we did 27 years ago) and then go back to ILR after years.
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Old Oct 6th 2017, 3:29 pm   #17
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Default Re: Returning Resident UK

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Originally Posted by bartlettpsj View Post
Nothing to do with finances or work commitment (my wife doesn't work in USA and was not allowed to on an H4).

Others have mentioned on this forum that as soon as you travel to the UK as a visitor you lose the ILR status and the chance to recover it based on returning resident visa SET 09. For SET 09 my wife has been >50% of life in UK (27 years), has strong family ties (our kids at Uni) and of course still have a home (house rented). So I am clinging to the chance they will see the Exception for strong ties to the UK as mentioned in: http://www.gov.uk/government/publica...-09#exceptions

If they do not, then basically they are wasting everyones time and money, as we will appeal and use attorneys, and even just go back to spouse visas and all that (what we did 27 years ago) and then go back to ILR after years.
It sounds like you have a relatively strong case but the longer you leave it the less likely it will be granted. If you want to return in the near future then applying sooner rather than later would be a good idea.
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Old Oct 6th 2017, 6:28 pm   #18
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Default Re: Returning Resident UK

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Originally Posted by bartlettpsj View Post
We honestly never thought of it as a problem and would 'one day' get round to it, if necessary. Her uncle is a Doctor in UK and has been ILR for 40 years. We incorrectly assumed it was indefinite to be a perm resident, but obviously wrong.
Even US permanent residents can have their green cards revoked if they stayed outside of the US for more than a year.
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