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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a South African passport with British Permanent Residence

Resolved Question:

I have a South African passport with British Permanent Residence and have been told that I cannot fly today as my permanent residence is not valid - however, the permanent residence in my passport does not have a timeframe. Help
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi

Where are you flying from and to?

Kind regards

Tom
Customer: replied 5 years ago.

From South Africa to London via Dubai

 

Expert:  Thomas replied 5 years ago.
Right, how long have you been out of the uk?

Tom
Customer: replied 5 years ago.
2.5 years
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your reply. I’m afraid it’s not good news.

The UKBA revokes ILR (permanent residence) if a person has been outside of the UK for a significant period of time. 2.5 years outside the UK would certainly result in ILR being curtailed I’m afraid, so they were within their rights to refuse entry.

There are rights for person who have previously held ILR, have been out of the country and who wish to return however:-
http://www.ukba.homeoffice.gov.uk/settlement/returning-residents/

You will see that you do not meet the 2 year criteria under this form of application, but you can still qualify if you have strong family ties to the UK. If you are returning with your wife/husband UK citizen or have other family members in the UK with whom you have a strong family relationship then you can still apply. You would have to produce evidence of these ties (eg. Passports, statements, etc) in order to convince the Home Office UKBA to grant you permission to come back to the UK in order to re-settle here permanently.

If you plan to only come for a short visit then they will likely require that you apply for a visitor’s visa in the usual way.

if you are coming to the UK to re-settle and think that you have strong ties here then you need to contact the nearest British Embassy about referring you to their appropriate forms. It would be best to instruct a UK immgraiton solicitor to prepare your application, collate the evidence and then send it to you so that you can submit it as soon as possible.

I am very sorry that it could not be better news.


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Kind regards,


Tom
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