Return to UK and Indefinite Right to Remain

Old Sep 12th 2017, 4:43 pm
  #1  
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Default Return to UK and Indefinite Right to Remain

I am British and my Wife a US Citizen. In 2006 we married and she came to live with me in the UK and got Indefinite Right to Remain Status, Nat Ins No etc 2 years later.

In 2010, we decided to move to the USA, so after a lot of effort, I got a Green Card Perm Residency.

Since then, we have returned to the UK within 2 years, ie 2012, 2014, 2016, under the understanding that the wording of the various documents relating to this indicate that this allows us to maintain my wife's IRTR.

We are considering a move back when I reach pension age in 5 years time, but I would really like some clarification over whether the stamps in my wife's passport showing her returning to the UK every 2 years count for keeping her right to remain?

If they don't, we can save on two trips to the UK before we come over to go house hunting.
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Old Sep 12th 2017, 5:50 pm
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Default Re: Return to UK and Indefinite Right to Remain

Originally Posted by whitebear
I am British and my Wife a US Citizen. In 2006 we married and she came to live with me in the UK and got Indefinite Right to Remain Status, Nat Ins No etc 2 years later.

In 2010, we decided to move to the USA, so after a lot of effort, I got a Green Card Perm Residency.

Since then, we have returned to the UK within 2 years, ie 2012, 2014, 2016, under the understanding that the wording of the various documents relating to this indicate that this allows us to maintain my wife's IRTR.

We are considering a move back when I reach pension age in 5 years time, but I would really like some clarification over whether the stamps in my wife's passport showing her returning to the UK every 2 years count for keeping her right to remain?

If they don't, we can save on two trips to the UK before we come over to go house hunting.
First of all, let get things right - it is Indefinite Leave to Remain (ILR) - that status can be revoked if she lived outside of the UK for more than 2 years. It is not a 'right' - only 'leave' granted by the Home Office.

I would suggest the OP to get US citizenship before returning to the UK - this will make any trips to the US (whether long stay or short visits) easier. Green Cards can be revoked if the holder lived outside of the US for more than a year.

https://www.uscis.gov/green-card/aft...esident#travel
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Old Sep 16th 2017, 3:10 pm
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Default Re: Return to UK and Indefinite Right to Remain

Originally Posted by whitebear
In 2010, we decided to move to the USA, so after a lot of effort, I got a Green Card Perm Residency.

Since then, we have returned to the UK within 2 years, ie 2012, 2014, 2016, under the understanding that the wording of the various documents relating to this indicate that this allows us to maintain my wife's IRTR.
HKG3 is correct - it is ILR, and not the 'right' to remain. Returning every 2 years as a visitor does NOT reset the clock.

If your wife was asked at the border if she was returning to take up residence, and she said yes, then that was deception. If she was stamped in as a visitor (which would have been the correct procedure), then the ILR was revoked with the first visitor stamp.

The bottom line is, you have not been resident in the UK since 2010, and to try to claim otherwise is not in your best interest.
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Old Sep 22nd 2017, 3:19 pm
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Default Re: Return to UK and Indefinite Right to Remain

Many thanks, that was the clarification I wanted. I believe there is a different form for becoming a Permanent Resident again after having once been through the process.
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Old Sep 22nd 2017, 4:50 pm
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Default Re: Return to UK and Indefinite Right to Remain

Originally Posted by whitebear
Many thanks, that was the clarification I wanted. I believe there is a different form for becoming a Permanent Resident again after having once been through the process.
Are you talking about a Returning Resident visa?

As mentioned, from your posts, there is no way your wife will qualify, and rightly so.
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Old Sep 22nd 2017, 4:54 pm
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Default Re: Return to UK and Indefinite Right to Remain

I don’t think the form is any different from the one used to initially apply unless you are trying for a Returning Resident visa, which is very hard to get. We did the same. My husband lost his ILR having left the UK for more than two years as a resident. We had to start again and, of course, the requirements had become much more stringent.
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Old Sep 23rd 2017, 6:06 am
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Default Re: Return to UK and Indefinite Right to Remain

Originally Posted by whitebear
I am British and my Wife a US Citizen. In 2006 we married and she came to live with me in the UK and got Indefinite Right to Remain Status, Nat Ins No etc 2 years later.

In 2010, we decided to move to the USA, so after a lot of effort, I got a Green Card Perm Residency.

Since then, we have returned to the UK within 2 years, ie 2012, 2014, 2016, under the understanding that the wording of the various documents relating to this indicate that this allows us to maintain my wife's IRTR.

We are considering a move back when I reach pension age in 5 years time, but I would really like some clarification over whether the stamps in my wife's passport showing her returning to the UK every 2 years count for keeping her right to remain?

If they don't, we can save on two trips to the UK before we come over to go house hunting.
Thisi is a informative article by an immigration barrister, Colin Yeo on ILR and the point on discretion in the regulation wording from the perspective of a lawyer.

https://www.freemovement.org.uk/case...residents-ilr/
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