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AS
AS, Barrister
Category: UK Law
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Experience:  Experience in Family, Employment, Commercial, Immigration & Property Law
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I have indefinite leave stamp in my passport. I received it

Resolved Question:

I have indefinite leave stamp in my passport. I received it as a result of marriage to a British citizen in 1995. We divorced in 2000. I lived in the UK until 2003. I now live in the US, but visit England about every 3 months for work. I just had to renew / get a new passport. I am traveling to the UK tonight. I have my old passport to show them my stamp.   Will they just renew my indefinite leave, even though I am divorced from marriage that got me my stamp? Is there anything I shouldn't say at immigration that would jeopardize my indefinite leave?
Submitted: 5 years ago.
Category: UK Law
Expert:  AS replied 5 years ago.

Hi

 

When did you last visit the UK?

 

Regards.

Customer: replied 5 years ago.
February. About 7 weeks ago. My old passport was still valid.
Expert:  AS replied 5 years ago.

Hi

 

Thanks for the clarification.

 

In that case, you should be fine. As long as you have not stayed out of the UK for a continuous period of 2 years, you should not be worried. Even if you have a new passport, it doesn't matter as long as you have the old passport with you with the ILR stamp. You don't have to actually transfer it to your new passport.

 

Regards.

Customer: replied 5 years ago.
But just to clarify. I am no longer married to the man through which I received my indefinite leave. Are you saying that once I receive my stamp, as long as I visit the UK at least every two years, then they will reissue my indefinite leave? If they ask me if I am still married, and I say no, it will not matter?
Expert:  AS replied 5 years ago.

Hi

 

It doesn't matter if you are no longer married to the man through which you got your ILR. Once you receive the ILR, as long as you don't stay away from the UK for a continuous period of 2 years at a time, they will reissue your indefinite leave. Even if you say that you are no longer married now, it would not matter as you already have ILR.

 

The case would have been different had you been still on a spouse visa rather than ILR.

 

Regards.

Customer: replied 5 years ago.
I have sent you clarification.
Expert:  AS replied 5 years ago.

Hi

 

I have already responded to your queries. What other clarification do you need?

 

Regards.

Customer: replied 5 years ago.
And the "spouse visa" you are referring to is the two year period before they granted my indefinite leave?

Sorry to be so thorough, but like I said, I am going through immigration tomorrow and want to make sure i don't say anything that could jeopardize my indefinite leave.
Expert:  AS replied 5 years ago.

Yes, that's right. The 'spouse visa' referred to in my previous answer is the 2 year period before they granted you indefinite leave.

 

Regards.

Customer: replied 5 years ago.
Thank you. One last bit of clarification: so the ONLY way that my indefinite leave will not be renewed is if I do not visit the UK at least once every 2 years? For example, I can live abroad indefinitely, as long as I visit at least once every 2 years?
Expert:  AS replied 5 years ago.

Hi

 

Yes, that's right. You can live abroad indefinitely as long as you visit the UK once every 2 years. However, 2 years in the maximum time that you need to stay out of the UK in order for your ILR to be revoked, and I would advise you to space your visits so that you are not too close to the 2 year mark when you visit again since your last visit to the UK.

 

Regards.

Customer: replied 5 years ago.
I asked for further clarification.
Expert:  AS replied 5 years ago.

Hi

 

I have answered all your further queries.

 

Regards.

Customer: replied 5 years ago.
No you haven't answered my primary concern. My question was the ONLY way that I can get my Indefinite Leave revoked is to stay away for more than two years. Please confirm there are NO other reasons that they would revolk it.    
Expert:  AS replied 5 years ago.

Hi

 

Yes, at this stage, the ONLY way your ILR would be revoked is if you stay away for more than 2 years, unless you used deception or gave false application at the time of making the ILR application and they find it out later on.

 

Regards.

AS, Barrister
Category: UK Law
Satisfied Customers: 479
Experience: Experience in Family, Employment, Commercial, Immigration & Property Law
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