Spouse Returning Resident question (reinstate ILR)

Old Dec 4th 2023, 5:06 pm
  #31  
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Skiboy
I did lose my ILR as I was not 'resident' in the UK once relocating to the USA in late 2008. I did go back to visit multiple times, but only a week or two at a time. I suspect I have lost my ILR hence the 'returning resident' application. Our house was let to various tenants. We did file tax returns each year for the income from the let property, but as the income was below the threshold, we did not actually pay any tax to HMRC.

I just wish it were possible to speak with someone or email directly with someone at the HO about my application.
It does not matter that you relocated to the USA in late 2008. If you returned to the UK at least once every year, stayed even for 1 day, so long as you did not spend a continuous period of 2 years outside the UK before at anytime, you ILR is not lost. If you are not sure, check your passport or confirmed tickets.A Returning Resident’s previous settlement in the UK must have lapsed by operation of law after they were outside the UK for a continuous period:
  1. of more than 2 years under the Immigration (Leave to Enter and Remain) Order 2000,
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Old Dec 4th 2023, 5:52 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Skiboy
I did lose my ILR as I was not 'resident' in the UK once relocating to the USA in late 2008. I did go back to visit multiple times, but only a week or two at a time. I suspect I have lost my ILR hence the 'returning resident' application. Our house was let to various tenants. We did file tax returns each year for the income from the let property, but as the income was below the threshold, we did not actually pay any tax to HMRC.

I just wish it were possible to speak with someone or email directly with someone at the HO about my application.
Have you submitted your review application yet.....?
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Old Dec 4th 2023, 5:55 pm
  #33  
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Akias1
It does not matter that you relocated to the USA in late 2008. If you returned to the UK at least once every year, stayed even for 1 day, so long as you did not spend a continuous period of 2 years outside the UK before at anytime, you ILR is not lost. If you are not sure, check your passport or confirmed tickets.A Returning Resident’s previous settlement in the UK must have lapsed by operation of law after they were outside the UK for a continuous period:
  1. of more than 2 years under the Immigration (Leave to Enter and Remain) Order 2000,
Thank you for clarifying that. I did have multiple trips, but there is a gap of more than 2 years from the end of 2012 to 2017 where I did not go back to the UK (family came to visit me instead) so I know I have lost the ILR.
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Old Dec 4th 2023, 8:23 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

This thread is a sobering reminder to get citizenship in your new country - if and when you can - so, if you return to your home country, and THEN want to return to your new country, you don't have to go through the immigration process again.
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Old Dec 5th 2023, 12:42 am
  #35  
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by SanDiegogirl
This thread is a sobering reminder to get citizenship in your new country - if and when you can - so, if you return to your home country, and THEN want to return to your new country, you don't have to go through the immigration process again.
You bet! I'm kicking myself that I was too 'cheap' to get it before we left. Since I would always need to use my US passport coming and going from the USA, I decided i would be frugal and not bother. The relocation to the states was meant to be a short/temporary move and shouldn't have been an issue.

Ah, well. I guess it's only a matter of how much time it takes and how much money it will be to get back to my original status, since the circumstances remain the same (still married, still own the house, still file tax returns, etc)
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Old Dec 8th 2023, 3:15 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

I created my own profile so my husband can stop getting emails every time someone replies to my questions. LOL

We are writing to our MP to see if there is anything they can do to help with the status of my Administrative Review.

This is the hardest part, not knowing where in the process the application is.
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Old Dec 8th 2023, 3:55 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by SkiBoySpouse
I created my own profile so my husband can stop getting emails every time someone replies to my questions. LOL

We are writing to our MP to see if there is anything they can do to help with the status of my Administrative Review.

This is the hardest part, not knowing where in the process the application is.

When did you submit your Administrative Review ?
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Old Dec 8th 2023, 3:56 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by SanDiegogirl
When did you submit your Administrative Review ?
19th November 2023
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Old Dec 16th 2023, 4:11 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Current update: SkiBoy reached out to our local MP. They quickly responded and reached out to UKVI. The agent in charge of my Administrative Review has now reached out to me for proof of my previous ILR (which should have been asked for in the first place, IMHO) so things seem to be moving ahead. I'm hoping things proceed before the Spring. But at least I know it is all moving forward.
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Old Dec 18th 2023, 2:57 pm
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Smile Re: Spouse Returning Resident question (reinstate ILR)

FINAL UPDATE: The UKVI has overturned their original decision and I will have my ILR reinstated. I'm sending in my passport today.

Note to anyone with similar circumstances: photocopy the relevant pages of your passport holding ILR details and keep a copy of that in the pile of documents which gets scanned/sent to UKVI by VFS Global, AND insist they scan in that passport in your appointment and/or send in THAT passport as well as your current one. And don't be afraid to contact your Member of Parliament (provided you have been on the voting register/have your connections to the UK still active) to help facilitate the process.

Thank you to everyone here for your input and support. It's been a process, but happy with the results!
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Old Jan 11th 2024, 12:30 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by SkiBoySpouse
FINAL UPDATE: The UKVI has overturned their original decision and I will have my ILR reinstated. I'm sending in my passport today.

Note to anyone with similar circumstances: photocopy the relevant pages of your passport holding ILR details and keep a copy of that in the pile of documents which gets scanned/sent to UKVI by VFS Global, AND insist they scan in that passport in your appointment and/or send in THAT passport as well as your current one. And don't be afraid to contact your Member of Parliament (provided you have been on the voting register/have your connections to the UK still active) to help facilitate the process.

Thank you to everyone here for your input and support. It's been a process, but happy with the results!
great to hear it turned out well. As soon as you are eligible, apply for British citizenship and you can avoid this in the future. Have a wonderful New Year!
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Old Jan 14th 2024, 8:07 pm
  #42  
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Default Re: Spouse Returning Resident question (reinstate ILR)

That’s great news! I was in a very similar position however was told it was very hard to get returning resident and not to bother, so I started the spouse process all over again. I’m now 2 years down on the five year route.
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