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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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under which condition an indefinite leave to remain granted

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under which condition an indefinite leave to remain granted on marriage can be revoked?
Hi

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

Are they still married?

Tom
Customer: replied 3 years 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

Hi

I will have to answer tomorrow now. 9bst

Tom
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 3 years 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,


 

Hi,

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

Tom
Customer: replied 3 years ago.


2 on 3 months

Right.

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

Tom
Customer: replied 3 years ago.


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

Sorry, you mean that you will be in the UK for 68 days in total in each year?

Tom
Customer: replied 3 years 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.

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,.

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Kind regards,


Tom
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Customer: replied 3 years 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?

Hi,

The situation is broadly the same. However, if you carry documentary evidence of the fact that your husband is continuing to reside in the UK whilst you are outside of the UK the UKBA are likely to be slightly more lenient.

Thanks for rating my answer.

Tom

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