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Indefinite Leave to Remain in the UK

19 replies

LimeySnickett · 01/03/2017 22:05

I was granted ILR in 2010 - the expiry date on my card says 2015. Between 2010 and 2015 I was unemployed for about 2.5 years. I was absent from the UK for a handful of weeks in all.

I now want to apply for naturalisation. My husband is British. I am now employed...

Did I lose my IRL because I wasn't working? Am I likely to run into any trouble with my application?

Stressed (thanks Brexit).

OP posts:
welshgirlwannabe · 01/03/2017 22:08

ILR doesn't expire. It's indefinite

sprinklemonkey · 01/03/2017 22:10

if you have any questions I have found this website amazing, they have dedicated specialists and volunteers who will answer your queries:

www.immigrationboards.com/

you could try this board:

www.immigrationboards.com/indefinite-leave-to-remain/

WiggleYourWoo · 01/03/2017 22:12

ILR= INDEFINITE leave to remain and doesn't expire Confused

BarchesterFlowers · 01/03/2017 22:13

I think it is jus the card that expires, needs a new one, new photo etc. DH has ilr but has to leave it at that because of various reasons, he just updates his card (like a driving license).

LimeySnickett · 01/03/2017 22:16

Thanks all for responding. I was reading on some boards that you can lose it... which made me worried. Also when I looked into getting the card replaced, it basically involved filling out the same 85 page form as for an original application. To boot, I lost it. I have a photocopy.

OP posts:
Gasp0deTheW0nderD0g · 01/03/2017 22:23

It can expire. This glorious country of ours deported a woman to Singapore at the weekend. She has been married to a UK national for 30 years, she is his carer and her children and grandchildren are all here. She previously had ILR and lost it because because she had spent more than two years outside the UK looking after her parents back in Singapore. It is utterly shameful. I read a legal blog that said she ought to have a good case to get it back.

However, in your case, OP, surely you should be fine?

LimeySnickett · 01/03/2017 22:31

Thanks Gasp. I certainly hope so, my life is in the UK. I really don't want to end up with a sad face pic in the DM...

OP posts:
titchy · 01/03/2017 22:34

She previously had ILR and lost it because because she had spent more than two years outside the UK looking after her parents back in Singapore.

Yeah like 20 years outside the UK! With parents who died in 1999!

Semaphorically · 01/03/2017 22:34

If you don't have your biometric ID / visa (the pink card), don't leave the country. They won't let you back in without it, not without a lot of palaver anyway.

LimeySnickett · 01/03/2017 22:37

I have an EU passport - so I'm ok getting in and out of the country for now. I think...

OP posts:
LimeySnickett · 01/03/2017 22:39

So leaving the country for a long time is clearly a no-no with ILR. But what about employment... is continuous employment a condition of maintaining ILR?

OP posts:
WatchingFromTheWings · 01/03/2017 22:45

She previously had ILR and lost it because because she had spent more than two years outside the UK looking after her parents back in Singapore

She spent the majority of the time living in Singapore, as did her kids. Her husband lived out there for 5 years. She didn't stick to the rules of the ILR.

Gallavich · 01/03/2017 22:54

If you don't have your biometric ID / visa (the pink card), don't leave the country. They won't let you back in without it, not without a lot of palaver anyway

Confused XH doesn't have one of these, just a bit of paper in his expired passport. He never has trouble getting in and out. Where do you get a biometric thingy from?
Semaphorically · 01/03/2017 22:57

Not if you stay in the UK and don't
commit crimes threaten national security.

This is about returning residents (the two year rule).

The only other potential problem is if you leave the UK without your visa card then when you return you might enter on a visitor visa of some kind instead of ILR, which can cause problems.

Semaphorically · 01/03/2017 22:59

Gallavich if he got ILR a long time ago he won't have a biometric ID. They only brought it in recently. Visa in expired passport is fine if ILR was granted before they brought in the card.

LimeySnickett · 01/03/2017 22:59

Gallavich I think this is what might need www.gov.uk/government/uploads/system/uploads/attachment_data/file/586295/NTL-01-17.pdf

OP posts:
welshgirlwannabe · 01/03/2017 23:05

That is incorrect ģasp - the woman forfeited her ilr by leaving the UK for more than two years. This is very clearly spelled out as one of the conditions that will invalidate the terms of your ilr visa. I know: I have one. They make it very clear that you should not leave the country for more than two years.

Not every ilr holder has a biometric card - older ones are a visa like any other glued into your passport. This has never stopped me from entering or leaving the UK.

Limey - didn't you get guidance notes with your ilr? Mine explained very clearly what would cause me to lose my settlement. Basically, leaving the country for more than two years and being found guilty of committing a crime. It is not dependant on your employment status.

LimeySnickett · 01/03/2017 23:10

Thanks very much. I didn't pay any attention to the ILR details at the time - I only applied for it to ensure I got a British passport for my baby... I hold an EU passport so I wasn't worried about my own status... firmly believed we would never leave the EU.

OP posts:
welshgirlwannabe · 01/03/2017 23:23

Read the guidance notes... It's all there Wink

You are most likely able to apply for citizenship now too

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