# Ilr dilemma



## princesspaneer (Jul 14, 2010)

I need an andvice asap for my settlemt visa.
I just got an extention for my spouse visa which will be valid for extra 2 years(i didnt go for the ILR, beacuse of a simple human mistake (got the date of expeiry wrong 
we were planing to apply for th ILR as soon as we get the extetion. but now we are thinking to move back to israel for few years. my husband is an english teacher and we travel a lot. I would like to have a permanent status in the uk, since my husband is british and we dont want to go through the whole thing again and again every time we will want to come and live here.
my concern is that if we get the ILR and we wont live here i will lose it. or the other way if i wont apply now, and it would be much harder in the future.
what to do??? can anyone help???


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## Joppa (Sep 7, 2009)

princesspaneer said:


> I need an andvice asap for my settlemt visa.
> I just got an extention for my spouse visa which will be valid for extra 2 years(i didnt go for the ILR, beacuse of a simple human mistake (got the date of expeiry wrong
> we were planing to apply for th ILR as soon as we get the extetion. but now we are thinking to move back to israel for few years. my husband is an english teacher and we travel a lot. I would like to have a permanent status in the uk, since my husband is british and we dont want to go through the whole thing again and again every time we will want to come and live here.
> my concern is that if we get the ILR and we wont live here i will lose it. or the other way if i wont apply now, and it would be much harder in the future.
> what to do??? can anyone help???


Provided you don't stay away longer than 2 years, you can be re-admitted as a returning resident with your ILR. If you leave UK without first getting your ILR, the time you've already spent in UK lapses and you have to re-apply. But as you will have been married 4 years or more, you can apply for indefinite leave to enter straightaway.


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## princesspaneer (Jul 14, 2010)

Joppa said:


> Provided you don't stay away longer than 2 years, you can be re-admitted as a returning resident with your ILR. If you leave UK without first getting your ILR, the time you've already spent in UK lapses and you have to re-apply. But as you will have been married 4 years or more, you can apply for indefinite leave to enter straightaway.


Thank you for your reply
If I only come for short visits once every 2 years, would that be enough to keep my ILR active?
re-applying as a returning resident, means paying again?


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## Joppa (Sep 7, 2009)

princesspaneer said:


> Thank you for your reply
> If I only come for short visits once every 2 years, would that be enough to keep my ILR active?
> re-applying as a returning resident, means paying again?


No, that won't do. You must return with the intention of resuming your residency - with job, accommodation etc. So the maximum time you can be away from UK with ILR is 2 years. Best way is to apply for ILR now and only stay away for 2 years.
When applying for ILR/ILE, I'm afraid you have to pay again. If you do go and live in Israel longer than 2 years, you should apply for your indefinite leave to enter SET(M) at the British consulate-general in Tel Aviv before flying to UK.
You can avoid all this hassle in the future if you obtain British citizenship. You need to have lived in UK for 3 years as a spouse of a British citizen, with ILR when you apply, pass Life in UK test and attend a citizenship ceremony.


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## princesspaneer (Jul 14, 2010)

Joppa said:


> No, that won't do. You must return with the intention of resuming your residency - with job, accommodation etc. So the maximum time you can be away from UK with ILR is 2 years. Best way is to apply for ILR now and only stay away for 2 years.
> When applying for ILR/ILE, I'm afraid you have to pay again. If you do go and live in Israel longer than 2 years, you should apply for your indefinite leave to enter SET(M) at the British consulate-general in Tel Aviv before flying to UK.
> You can avoid all this hassle in the future if you obtain British citizenship. You need to have lived in UK for 3 years as a spouse of a British citizen, with ILR when you apply, pass Life in UK test and attend a citizenship ceremony.


Ok, that change things. from what i have been told if i enter the uk once every two years even if its for short visits, it should be ok, but maybe in the long term they can take it away. so what i didnt understand really who is checking my entries and deciding that? and to who i will need to prove that i still have stong tries to the uk?


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## Joppa (Sep 7, 2009)

princesspaneer said:


> Ok, that change things. from what i have been told if i enter the uk once every two years even if its for short visits, it should be ok, but maybe in the long term they can take it away. so what i didnt understand really who is checking my entries and deciding that? and to who i will need to prove that i still have stong tries to the uk?


Every time you enter UK, you will see an immigration officer, whose duty includes checking on those claiming to be returning residents. You will have to show that you aren't just back in UK for a holiday or short break, but are returning to resume your indefinite residency, with long-term plan for accommodation, job and so on. If you cannot satisfy the border agency staff about your intentions, you won't be accepted as returning resident and the two-year clock won't be reset. Even a short return to UK may count as resuming residence if you have a home in UK and travel abroad a lot on business.
UK Border Agency | Returning residents

Guidance notes further state:
_'Where a person seeks admission as a returning resident but there are clear and substantive reasons to doubt that the person is returning to settle in the United Kingdom, the immigration officer should try to establish his true intentions. If, after further examination, it is clear that the passenger is only visiting the United Kingdom before resuming residence overseas he should be admitted as a visitor.'_
http://www.ukba.homeoffice.gov.uk/s...dischapter1/section3/section3.pdf?view=Binary

There is an exception for those away longer than 2 years but still retain a strong tie with UK, such as family and you've lived here most of your life. Having a home in UK isn't on its own a deciding factor, as many people have more than one home. Frequent business travel, working abroad on secondment by British government or company based here are reasons likely to succeed.


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