Thanks for your question.
To enable me to answer your question could you please respond to the following:-
I am at the Liberary, Newport right now. At the present,I am also an informal patient at Sevenacres hospital Osborne ward in Newport.
I had obtain previously indefinitive leave to remain in the UK to enter and to work.
You previously held ILR. You then left the UK for a period greater than 2 years. Is this correct?
When you returned were you allowed to re-enter the UK without any questioning or restriction?
That's correct. Was hospitalised in Croatia twice in that period. According to doctors in Zadar and Split hospital I am shizofrenic. My husband didn't live with me during that time. I was on my own with my son.
I was allowed to re-enter the UK without any questioning or restriction on yhe 17.08.2011.
Thanks for reply.
A person who has obtained ILR no longer needs a visa. That is the point of ILR, it means that the person can remain in the UK free of all time restrictions. A person who requires a visa is subject to the time restrictions of that visa.
ILR can be revoked/curtailed is a person has spent significant time outside the UK. I would have considered it quite a strong possibility that you may have been denied entry or (at the very least) questioned upon your return given that you have been absent for a considerable amount of time. However, if you permitted re-entry without any questioning then clearly your ILR has not been revoked. In your circumstance they would either have rejected your entry because they considered that your ILR had been revoked OR they would have allowed entry on the basis that they considered that ILR had not been revoked. I believe therefore that as you were permitted to re-enter the UK your ILR has not been revoked and is therefore still valid. The UKBA are not beyond making a mistake, so though they perhaps should have questioned your return and possibly revoked your visa they have clearly not done this.
This means that provided you have your ILR stamp in your passport you need not make another application to the UKBA unless you wish to naturalise as a UK citizen eventually, but you would wait until you had a further 5 years residency period.
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