CheesecakeMouse

Hello, I have two questions about gaining and maintaining indefinite leave to remain in the UK and would very much appreciate any help

My situation:
I am a British citizen, my partner is a Singaporean citizen. My partner is currently in the UK under a 'Family of settled person' visa under the initial 2.5 year period. We have been together for 4 years and intend to always live together. Whilst my partner is living in the UK, we have social ties in both the UK and Singapore and would like to have the freedom to spend some of our lives in Singapore whilst retaining the ability to return to the UK.

Question 1:
Would my partner spending some time working in Singapore require her to restart her 5-year route to applying for indefinite leave to remain (ILR)?

This SOURCE (Section 4.1 final paragraph) states that " a partner will be eligible to apply for indefinite leave to remain (settlement) after a continuous period of 60 months (5 years) in the UK" suggesting that time any time spent outside the UK will 'reset' the 5 year clock for ILR. However I cannot believe that this is the whole picture, as I am sure one can travel abroad for a short holiday without invalidating the progress towards the 5-year route. I can't find any official information detailing the rules around how time outside the UK affects progress towards the 5-year route.

Question 2:
If, after my partner is granted indefinite leave to remain (ILR) in the UK, we both spend some time working in Singapore, my partner would have to apply for a 'Returning Visitor Visa' if wishing to return to the UK after an absence of 2 years or more SOURCE. However, if we were to visit the the UK regularly whilst working in Singapore i.e. on holiday, such that my partner was never outside the UK for 2 years or more continuously, would there be any process whereby she could lose her ILR status?

The only information I could find that suggests that she could lose her ILR status in such a scenario is this SOURCE which states that ILR can be lost if " the immigration officer believes that you do not intend to reside in the UK." However I cannot find an official source to support this claim - and presumably there must be more officially defined rules for revoking ILR status over and above the subjective belief of an immigration officer.

I appreciate that my partner becoming a British citizen could get around this problem, and it is something we could consider, but Singapore does not allow dual-citizenship so we need to explore other options too.


Any answers to these questions, or advice around my situation would be deeply appreciated. Thank you very much for your time.

BritInParis

The rules are not set in stone but a general rule of thumb is that if you're spending 180 or more days outside in any given 12 month period outside the UK, either consecutively or cumulatively, then that would endanger someone's ability to achieve ILR at the end of the five years. Likewise if you spent over 90 days outside the UK in the final 12 month period before an application for ILR was lodged.

It's a Returning Resident visa (an important distinction), but yes, your partner would lose her ILR if she spent more than two years outside the UK. Visiting does not reset this clock, only returning to reside will do that. RRVs are notoriously difficult to obtain and whilst anecdotally it may have become slightly easier in recent times there is still a very strong possibility that she would need to start again from scratch. It's not something to rely on by any means.

If you had left the UK to reside permanently elsewhere and were coming back into the UK only to visit then the Immigration Officer is within their rights to cancel your ILR.

Because of the dual citizenship situation you and your partner will need to make a choice about where you want to base yourselves permanently and act accordingly.

london_2005

Hi BritinParis,

Just wanted to ask out of interest as I've heard similar stories recently;

In regards to "If you had left the UK to reside permanently elsewhere and were coming back into the UK only to visit then the Immigration Officer is within their rights to cancel your ILR." - what if the officer lets you in during each travel as long as your time spent outside is <2 years ? I heard cases where this happened - but in those ones , the individuals decided to return permanently after a while (after doing multiple short return visits) - keep thinking though if this might cause problem afterwards, once you're settled.

HKG3

Here is a real life story for you to have a look at -

Woman sent back to Singapore despite 27-year marriage - BBC News

HKG3

UK Immigration Officers still stamp the passport of those who got ILR every time he/she enters the UK. The Immigration Officer can see for him/herself that how often the ILR holder enters the UK. When I had ILR, before getting British Citizenship, on every occasion I entered the UK, I was asked by the Immigration Officer whether I have a job in the UK or the purpose of my trip overseas.

BritInParis

If your main residence is the UK and you are only spending short periods abroad, such as going on holiday, then the two year countdown won't be triggered. If you leave for a longer period of time, usually more then six months, then providing the Immigration Officer is happy that you are returning to reside permanently in the UK and it has been less than two years since you previously left the UK then he or she will stamp you in accordingly. Those using short trips to try and keep their ILR status alive are playing with fire especially since exit checks have been reimposed and is not recommended.

Inselaffen

keep in mind that if your wife takes British Citizenship it will be difficult for her to get an Employment pass for Singapore. they have raised the income requirements significantly over the last few years.

CheesecakeMouse

Thank you all very much for your help and advice BritInParis, you seem very knowledgeable on the subject . Do you have an official source you could share where the guidelines above are described?

Similarly, do you have an official source where this is stated?


Thank you for your response HKG3, this is a very sad story.


Thank you for the warning Inselaffen, this is important to keep in mind.


Once again I really appreciate the time you all have taken to help myself and others on this forum, it is really invaluable.

BritInParis

https://www.gov.uk/government/public...s-period-in-uk