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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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If a person who does not have British Nationality citizenship

Resolved Question:

If a person who does not have British Nationality citizenship but has a ILR in UK wishes to revoke or cancel/end their ILR in the UK and either return to their country of origin or apply for Further Leave to Remain in the UK, how can that person get around doing this? What must the person need to do if he/she wants to give up their ILR status in UK?
Submitted: 12 months ago.
Category: UK Law
Expert:  Thomas replied 12 months ago.
Hi,

Is the person in the UK?

Why do they wish to give up ILR?

What is the ultimate objective?

Tom
Customer: replied 12 months ago.


I am asking just a general query. If a person who was to enter UK on spouse visa and then received ILR but then decided he/she wasn't interested in remaining in the country and if he/she wanted to return to their country for good or at least if he/she wished to cancel their ILR but remain in the UK for some time and wouldn't mind applying for Further Leave to Remain if need be, then what should the person in this instance need to do, how can they cancel or end their ILR or transfer their status from ILR to Further Leave to Remain?

Expert:  Thomas replied 12 months ago.
Hi

Thanks for your patience.

If a person has obtained ILR then they can only lose it by either having it revoked by the UKBA (usually on the basis that it was obtained by deception) or by leaving the UK and residing elsewhere.

There is no set period of time for which a person living outside the UK should have their ILR revoked, but generally, a person will have their ILR revoked if they spend more than 2 years outside the UK. Sometimes they can face problems coming back to the UK earlier than two years though.

Having ILR does not mean that you HAVE to remain in the UK permanently, it just means that you can. So, if a person was not minded to remain in the UK for much longer then they can simply stay until such time as the wish to leave, there would be no requirement to relinquish ILR voluntarily (which I don’t think is actually possible).

If they simply wished to leave the UK immediately then they can do this if they wish without needed to notify the UKBA.

There is no facility to voluntarily revoked your ILR, frankly it would be more work than it is worth to the UKBA, who overburdened (understatement) as it is.

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.

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Kind regards,


Tom
Customer: replied 12 months ago.


It is my first time I am using the service online. I made a payment of £16.00. Does that mean I can ask more than one or more than few questions without additional or extra charge/cost to me? Please clarify, as I might wish to use to this website again in the future.

Expert:  Thomas replied 12 months ago.
Hi,

I cannot tell what option you have signed up for, I will refer your enquiry to customer services once you have rated my answer.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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