citybanklondon

Hi Folks,

My spouse has Indefinite Leave for the UK which means she has to visit atleast every TWO years otherwise she will lose her indefinite status. She is now in New Zealand and last visited the UK in May 2013 which means she must again enter the UK before May 2015. I was wondering if there is a nearer territory of the UK where she could visit rather than flying all the way to London ? I know for the USA people can pop into Guam and get a stamp so is there a territory of the UK where Indefinite leave visa holders can fly into for a few days and get the required entry stamp? Thanks in advance for any advice someone can give on this subject. Cheers CBL

michali

I do not think ILR is for the purposes of visits to the UK but for permanent residency. I would think it is a little risky to just "pop in" from time to time and within the two year period. If this were the case, my husband could have retained his ILR by visiting once a year for a few weeks instead of now having to completely start the process for settlement again. But let's see what others have to say.

citybanklondon

Yes totally agree - it is for permanent settling in the UK BUT there is nothing against the LAW as it stands now to keep IL intact by doing the occasional short visit. Right now there is no outbound immigration at British airports so the officials do not know how long the person has stayed in the country and I believe your husband could have done the same by popping into the UK every 18-20 months!

BritInParis

If she's eligible why not naturalise as a British citizen and save yourself the expense?

citybanklondon

Because that requires living in the UK continuously for THREE years before being able to apply for naturalization, so for the time being IL suffices.

BritInParis

How many years of residency did she have before she gained ILR?

citybanklondon

Nil. She got IL from outside the UK by virtue of the law that says:

* IL can be applied for if the spouse has been married to a UK citizen for over 4 years

* The applicant has been living as a spouse of a UK citizen overseas for 4 or more years and can prove their relationship

Mind you in such a case you get ILE (leave to enter) rather than ILR but both give the applicant the same rights. If applied for within the UK its called ILR (leave to remain as opposed to leave to enter)

BEVS

You're not planning to remain in NZ then, as residents and then citizens.

citybanklondon

Initially just want to aim for PRV and then shall decide after that.

Vadio

The 2-year ILR clock does not "reset" when you "pop in" for visits. If your spouse left the UK to reside in NZ, and you have been resident of NZ for more than 2 years, then her ILR has expired. Now - when she visited in 2013, if that was within the initial 2 year period, the IO may have just stamped her in as a returning resident. BUT - if she was stamped in as a visitor - for example, if the IO asked if she was entering the UK to resume permanent settlement, and she gave an honest response of "no", then she should have been stamped in as a visitor. That stamp is the new visa...and the ILR is immediately invalidated.

Some IO's ask few questions, and just stamp. But if she is questioned, and found to be attempting to enter using deception (and lying to the IO is deception), then she could be barred from entering the UK for 10 years.

Michali is absolutely correct. And actually there IS quite a lot in the law that prohibits keeping ILR by the occasional short visit. Please - be careful on this, or you might get a really nasty surprise. There are all sorts of ways these days that allow immigration officials to check - not just the stamp in the passport, and in any case, with the biometrics, she may well be fingerprinted upon entry (I have been), and her record will flash up on the screen.

Again - you might, and I stress, might, get 'lucky'. But is it worth the risk?

citybanklondon

Not quite true. I have checked with immigration lawyers (more than one) and it is lawful to come into the UK with a purpose to settle but nothing to stop you from leaving after a short time. Yes when the IO asks we say, yes we aim to settle and have come to view properties with the aim to buy and always have a hefty bank statement to hand which shows enough funds to buy a house. This is normally more than enough to satisfy IO's that the person is here with the aim to buy a property and settle down. We aim to keep doing this until we get PRV and then can decide where to settle permanently.

christmasoompa

Isn't that immigration fraud?! I'm gobsmacked that a lawyer suggested you lie to get an immigration benefit.

Vadio

The key for retention of ILR after a long absence is returning for purposes of settlement. During this first 2 years, there is no valid reason for refusal at the border if you truthfully state that you are returning for settlement.

BUT - after another 2 years (or just short), you are lying to the IO for the second time if you say that you are coming back to settle. There will be a record on a screen in front of the IO. It will have your wife's details, and there will be a record of her entry in 2013. Whatever notes were entered from the landing card will also be there, and the next questions are likely to be very specific. The IO has to be satisfied that the answers are truthful.

And while there may be no 'exit stamps' I suspect there will be 'entry stamps' upon return to NZ. And your wife will be asked to explain the length of time in NZ.

If/when you do get PRV, it's going to be a bit difficult to explain how you were resident in 2 countries at the same time over a prolonged period.

Your life, your choice. Just don't be surprised if the UKBA interprets their rules differently than you do.

citybanklondon

Point taken Vadio, but to get PRV in NZ the dependants do not even have to be in NZ for the required 2 year period, NZIS rules stipulate its only the principle applicant who needs to meet the criteria of residency and then all dependants will get PRV anyway. We do not foresee any issues with entry into the UK with IL as long as the rule of 'not being away for more then two years' is adhered to. If the process of getting settlement wasn't tedious we would let lapse but its a real pain to start again so a ticket to the UK every 18 months or so isn't really a bad deal and quite affordable.

formula

There is no UK law that says someone can have ILE if they are married to a UK citizen and are going to continue living outside the UK. ILE is Indefinate Leave to ENTER, for those that were coming to live in the UK with their UK spouse.

Are you telling us that you wife commited fraud when she applied for ILE? And now intends to continue her deception?

Deception is a very serious offense. It can even lead to British citizenship being removed if; at a later date; the government discover that fraud was used to obtain citizenship.