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Living overseas

Whether you're considering emigrating or an expat abroad, you'll find likeminds on this forum.

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Original poster

Should I worry about my Indefinite Leave to Remain status being revoked?

25 replies

pocketandsweet · 25/07/2015 01:17

I am a Canadian passport holder with IL to Remain status. I lived in the UK for just over 15 years. Both kids are UK citizens, husband is dual UK and Canadian.. Just under two years ago we moved to Canada.... I don't know if it is permanent or not at this stage ( we both had ill mothers in Canada and it seemed a sensible idea to move for at least some time to be closer).

I have Indefinite Leave to Remain Status in the UK but I'm coming up to the two year period after which apparently they can revoke it. When we left I was told that as long as we demonstrated " a consistent commitment to the UK" there should be no problem.... We still own our house in the UK and have made two visits back in the time since we left. Should I worrry? I can't find any straightforward advice on the government website. Does anyone have any recent experience of this to share their advice? Who do I need to talk to ? Thanks.

OP posts:

MrsPJones · 27/07/2015 18:34

Sorry, no idea, but is it too late to apply for citizenship if you can have dual? Or would that cause other problems tax wise etc?

imip · 27/07/2015 18:41

There is a simmilar poster here who is in Australian. I'm sure they have a house in the uk, and her partner lost his indefinite leave to remain. It's getting v strict and I wouldn't rely on it. Can you just sit the citizenship test?

Original poster

pocketandsweet · 28/07/2015 04:10

I'm in Canada now though.... They are not going to let me apply for citizenship from overseas.

OP posts:

Trazzletoes · 28/07/2015 04:21

You can't become British from abroad.

Afaik you can still apply to come back as a Returning Resident. I haven't heard of that changing but, yes, there are hoops to jump through.

I am aware of people coming back for a holiday after their ILR has lapsed and being refused entry so you will need to make sure you apply for any other visa just as if you had never had ILR.

nooka · 28/07/2015 04:36

I wouldn't have thought that two visits in two years showed that much commitment, depending on how long the visits were of course.

It sounds a bit like it's looked at on a case by case basis, but I'd be concerned if I were you OP.

We are the other way around, English citizens with Permanent Residence in Canada and are waiting to qualify for citizenship. They just changed the rules here, which meant that instead of being able to apply last week we will have to wait another two years.

NotInGuatemalaNowDrRopata · 28/07/2015 05:18

Yes, I think you should get onto the Home Office quickly and find out where you stand. I got Citizenship, but my sister recently came back to the UK and found out her indefinite Leave was no longer valid. She was stuck in our home country for weeks waiting for her new visa to be approved, missed her flight and was quite out of pocket. The fact that you've made trips back will probably work in your favour, but best check.

Original poster

pocketandsweet · 28/07/2015 05:22

Hmm. I can't figure out how to get a clear answer. I don't want to have a problem on my next visit ( let alone if we wish to return in a year or so). We still own a house in the UK, pay UK tax on small amount of income still earned there and have made two visits ( one for 3 weeks and other one shorter). I'm sorry to hear about your delay nooka what a pain. We basically moved back to be closer to ailing parents .... Not knowing where we should ultimately live is bad enough but knowing that I might not have the choice anymore is worse.

OP posts:

Original poster

pocketandsweet · 28/07/2015 05:28

I don't think Canadians need a visa to visit the UK unless planning to stay more than 6 months .... So I suppose that I would be fine for visiting but if we were to go back permanently and they chose not to accept my ILto R then I would need to reapply as a spousal applicant ( and probably give them lots of money in fees etc). The whole thing makes me feel sad and homesick.

OP posts:

Trazzletoes · 28/07/2015 05:41

If you own property here and have jobs to come to, you should be fine. Though God only knows what the Government is going to change next.

nooka · 28/07/2015 05:52

Yes that's a lot of the problem, if the government decide that it's electorally popular to make things difficult for immigrants (and let's face it we are an easy target everywhere) then they will.

It does sound like you should be able to make a good case to be treated as a Returning Resident as moving to look after ailing parents seems a pretty valid reason, but after two years it's not automatic: www.gov.uk/returning-resident-visa

Can you go back to the UK for long enough to reset the clock, or would that be very difficult?

Original poster

pocketandsweet · 28/07/2015 05:59

I can't easily go back to "reset" as I have two small children who are both in school here.... My husband's job is such that he travels a lot and so I am the one who is responsible for the childcare/ daily life stuff.

OP posts:

Nolim · 28/07/2015 06:07

if the government decide that it's electorally popular to make things difficult for immigrants (and let's face it we are an easy target everywhere) then they will.

Yes it is, yes we are and yes they do, they have been doing it for a while.

Sorry op i have no advice on your situation.

SavoyCabbage · 28/07/2015 06:29

It's me that has had dh's indefinite leave to remain revoked. My dh had lived in the UK for 19 years, we still have our house, he's a high wage earner, we have two British dc and we have been married for 14 years.

The reason given was that he has 'no significant ties to the U.K.'.

Obviously he should have applied for British citizenship before but he didn't.

Original poster

pocketandsweet · 28/07/2015 06:41

So what have you done savoy? How many years were you livings outside the UK?

OP posts:

Rosa · 28/07/2015 06:57

I would set aside an afternoon and get onto the Home office, and get answers, they look at each case individually and you will have no idea what they will decide to do. Just as you don't know yoruself what you will be doing in the future then you could if needed apply for a returning visa or similar if and when you do come back. Then if the HO do say you need to return by X number of months then you can decide how you want to proceed.

nooka · 28/07/2015 07:01

The trouble is that it sounds (on the surface at least) that you are now established in Canada. What is your children's status here (in Canada)? Are they on temporary permits (you didn't say that they were Canadian citizens).

Nolim · 28/07/2015 07:05

Rosa i doubt the home office
has offices in canada, they have an embassy and consulates, which will probably not be able to answer those questions. Even if op could get to the home office i seriously doubt they have an open door policy were you can go and get your queries answered. If they had clear guidelines like you need to return for x months to keep ilr then that would answer ops question but somehow i doubt it.

Nolim · 28/07/2015 07:09

Op have you consider discussing with an immigration solicitor? I guess it is not cheap but they may have first hand information as opposed to the anecdotical information you can get in mn.

Original poster

pocketandsweet · 28/07/2015 07:13

The kids just gained their Canadian citizenship....so they are dual. Partially because I don't want them to have any issues ( like I seem to now have). It's so frustrating as we always travelled a lot with work and the only years I could have applied for citizenship ( they have specific rules about how many days absent you are allowed from the country when applying) were while I was pregnant with two very risky pregnancies so I wasn't thinking about citizenship much at the time. The decision to move came quickly following a left field job offer for my husband and two ill mothers in Canada. Obviously I wish I had thought about citizenship more stringently.

OP posts:

Original poster

pocketandsweet · 28/07/2015 07:14

Yes probably an immigration solicitor is the way to go. I was just interested to see if anyone else had bumped up against this situation.

OP posts:

nooka · 28/07/2015 07:23

Oh I totally understand! If only I'd not made a mistake on one of our immigration applications four years ago we'd probably be citizens by now, at a fraction of the cost and a hell of a lot less queuing. It's all very stressful and complex!

Rosa · 28/07/2015 08:23

www.gov.uk/contact-ukvi-outside-uk

Nolim - this is where I would start , I don't expect pocket just to pop in and say 'Hi what shall I do ?' At least this would be a starting point then they could tell the OP how she should proceed and what to do next .

Setting aside an afternoon ( time change considering ) is that dealing with them can take time I speak from experience . ( but my situation is different to pockets - when I got through I found them very helpful and the emailed forms)

Nolim · 28/07/2015 08:33

I see rosa. I tought you were sugeesting actually walking in as if it was a shop or something.

SavoyCabbage · 29/07/2015 06:26

We've just had to stay in Australia. The law has been correctly applied to our situation. We had been out if the country three years.

Everyone definitely thinks you can just go back if you have a house and a British spouse but it's not the case at all.

There is a website called britcits with lots of information on.

CloserToFiftyThanTwenty · 31/07/2015 04:17

I would recommend an immigration lawyer - the law can be complex, and it is costly to get it wrong

If your ILR is cancelled on arrival in the UK you could be put back on a plane straightaway- Canadians don't normally need a visa for a visit up to six months but if the border officer thinks you intend to stay longer you can be refused entry altogether

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