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Topic: ILR returning to UK after 2 years  (Read 2904 times)

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ILR returning to UK after 2 years
« on: May 15, 2012, 09:31:53 PM »
Hi, I was looking for some advice/shared experiences. I am UK citizen and my husband is American with ILR in UK. We moved to the USA 2 years ago I have a greencard. We have a daughter with dual citizenship. I have been offered a funded doctorate at a University in the UK and we want to return this August. Which means we will be just over the 2 year period, although we did return to the UK for a family visit at Christmas for 2 weeks. I am confused about the new laws. It seems many people have been unsuccessful when applying for 'Returning Resident status' and wondering if we need to do anything, or if the ILR will still be valid.
 Thanks so much
Married to USC in UK Jan 2004
USC issued Entry Clearance in NY Feb 2004
Dual Citizen Daughter born April 2004
USC issued ILR Feb 2006
Moved to USA Feb 2010
Online Application to return to UK 22 Jun 2010
Biometrics done 25 Jun 2012
Mailed out - 27 June 2012 (UPS Overnight-Priority))
Email to confirm package arrived in NY and is being processed - 28 June 2012
Email to say the UK visa has been issued (Wow!!) 29th June
Living in MCR, UK (8 years) - myself British Citizen, husband US with ILR and two dual citizen children


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Re: ILR returning to UK after 2 years
« Reply #1 on: May 15, 2012, 09:44:12 PM »
I've been on this board for over 5 years and I have never seen a returning resident visa issued.  There have been people with much better arguments than yours.

Get him back to the UK before the two years expires or he will have to go through the entire thing again. 


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Re: ILR returning to UK after 2 years
« Reply #2 on: May 16, 2012, 02:37:25 AM »
As stated in your other thread, a new spousal visa is probably the way to go.  Returning resident application will be a waste of money.


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Re: ILR returning to UK after 2 years
« Reply #3 on: May 16, 2012, 05:36:24 AM »
If he was stamped in as a visitor on the 2-week Christmas visit, then the ILR is down the tubes anyway. I applied as a returning resident and was refused. I had been away for over 2 years, but the kicker was not being resident the last time I left the UK.

Check the stamp in the passport first, but from experience once the 2 year mark has passed, it's pretty impossible to get the returning resident visa.
Married December 1992 (my 'old flame' whom I first met in the mid-70s)
1st move to UK - 1993 (Letter of Consent granted at British Embassy in Washington DC)
ILR - 1994 (1 year later - no fee way back then!)
Back to US in 2000
Returned to UK July 2011 (Spousal Visa/KOL endorsement)
ILR - September 2011
Application for naturalization submitted July 2014
Approval received 15-10-14; ceremony scheduled for 10 November!
Passport arrived 25 November 2014. Finally done!


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Re: ILR returning to UK after 2 years
« Reply #4 on: May 25, 2012, 01:56:41 AM »
Thanks - so I guess its starting from scratch. Will having a previous ILR affect the application for this? Will it be an ILR application if we are applying from over here in the States?

I have seen mention of 'new' guidelines, and am getting a little wary of messing up the application - are there any definitive links which may help?
Thanks so  much
Married to USC in UK Jan 2004
USC issued Entry Clearance in NY Feb 2004
Dual Citizen Daughter born April 2004
USC issued ILR Feb 2006
Moved to USA Feb 2010
Online Application to return to UK 22 Jun 2010
Biometrics done 25 Jun 2012
Mailed out - 27 June 2012 (UPS Overnight-Priority))
Email to confirm package arrived in NY and is being processed - 28 June 2012
Email to say the UK visa has been issued (Wow!!) 29th June
Living in MCR, UK (8 years) - myself British Citizen, husband US with ILR and two dual citizen children


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