How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

under which condition an indefinite leave to remain granted

Customer Question

under which condition an indefinite leave to remain granted on marriage can be revoked?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Was the marriage genuine and credible when ilr was applied for?

Are they still married?

Tom
Customer: replied 1 year ago.

Yes the marriage was and is a genuine and credible one. still married. after 6 year uninterrupted residence, couldn't find a suitable job in the UK and accepted one abroad. Last 5 years my husband and I commuting backward and forward. After 10 years the immigration officer at the airport still asking me how I get ILR, how long I've been outside the country. These questions make me nervous because I feel that they trying to find something against me. Our conditions will be really really difficult if my ILR is revoked as the period I am outside the country is longer than I am inside, and asked entry clearence every time to enter to the UK.


Please advice me on what my rights are,


 


kind regards

Expert:  Thomas replied 1 year ago.
Hi

I will have to answer tomorrow now. 9bst

Tom
Expert:  Thomas replied 1 year ago.
Hi,

What periods are you likely to be out of the UK for in the foreseeable future please?

Do you meet the residential qualifying criteria on the folloowing page for naturalisation?
This page if you are not married to a UK citizen or person with ILR:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

This page if you are married to a UK citizen or person with ILR:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

Please let me know.

Tom
Customer: replied 1 year ago.


The work abroad will finish in two years, then I'll be back in the UK. can't meet the residential criteria for naturalisation at the moment. Actually I was eligible for the citizenship when I had been out of the country for the first time, but didn't want to get it. I just want to come and go whenever I need to without being asked why I am doing so, nothing else.


 


Kind regards,


 

Expert:  Thomas replied 1 year ago.
Hi,

Okay, what is the maximum length of time that you will be outside the UK in one contiuous trip for?

Tom
Customer: replied 1 year ago.


2 on 3 months

Expert:  Thomas replied 1 year ago.
Right.

In each given year how many months do you think you will spend outside of the UK?

Tom
Customer: replied 1 year ago.


The time that I can be in the country will be amount to 68 days in total in a year.

Expert:  Thomas replied 1 year ago.
Sorry, you mean that you will be in the UK for 68 days in total in each year?

Tom
Customer: replied 1 year ago.

Yes that is right, but it won't be one 68 days visit. I have 40 days leave from july 20th till end of August and 2 times 9 days long leave that can be used any time in the year.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Indefinite leave to remain is granted to people who intend to reside permanently in the UK. If a person does not reside permanent in the UK then ILR can be revoked I’m afraid.

Generally, if you spend more than half of each year in the UK then your ILR is safe. However you do occasionally get asked questions about your travelling habits by the entry clearance officiers upon entry.

The difficult with your position is that you fall considerably short of the length of time to be regarded as permanently residing in the UK because 68 days is clearly more like the amount of time a person would spend (if they were able to) on holidays. Entry is at the discretion of the UKBA each time. If a person is out of the country for 6 months then it’s likely that there ILR would be revoked.
When it’s in and out frequently like you it’s more difficult to predict, but the likelihood is that eventually an entry clearance officer would see your travel history and conclude that you are not living here permanently. They would refuse entry and revoked your ILR.

You would then have to apply for a visitor’s visa. If you are to come back to the UK frequently then it would best to apply for a multientry visitor’s visa over 2 or 5 years so that you can visit the UK as much as you like within this period but subject to a maximum of not spending more than 6 months in any given 12 month period in the UK.

If you and your husband plan to return to the UK to re-settlement permanently then you could apply for a returning resident visa if you meet the criteria on the following page:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/returning-residents/

Sorry I could not have better news for you,.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

One more thing please.


Have you considered that my husband is a british citizen by born and he is residing in the country all along and visiting me roughly about every month?

Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience