Basic question about ILR in the UK

Hi,

I just wanted to ask a hopefully easily-answerable question about the principle and practice of the ILR (Indefinite Leave To Remain) status.

I understand that once ILR is obtained, there is no longer any time limit on how long you can stay in the UK without having to apply for a new visa, and that you can also leave the UK for up to 2 years in one stint without losing ILR status (if you stay outside the country for any longer than 2 years at a time, ILR status will be lost).

But how does this work in practice - could I (in theory), on the day after I receive ILR status, sell our house and go live abroad indefinitely, as long as I visit the UK at least once every two years, even if just to visit and not live here? Is there some kind of threshold of time or degree of settlement you have to meet when returning to the UK, to "reset the 2-year ILR timer"? Could you, in theory (just to push it to a very ridiculous limit), just go through UK customs on a connecting flight every couple of years and make sure your passport got scanned through the system?

Obvious caveat here - I have absolutely no intention to "game" the system (I feel like this would be pretty dumb given how much money and time we've spent on the 5-year ILR route so far, even!), but if it did happen that I needed to go back to the US for a few years, for whatever reason, I'd just like to know how much flexibility there is for returning later and still retaining my ILR status.

Thank you!

But how does this work in practice - could I (in theory), on the day after I receive ILR status, sell our house and go live abroad indefinitely, as long as I visit the UK at least once every two years, even if just to visit and not live here? Is there some kind of threshold of time or degree of settlement you have to meet when returning to the UK, to "reset the 2-year ILR timer"? Could you, in theory (just to push it to a very ridiculous limit), just go through UK customs on a connecting flight every couple of years and make sure your passport got scanned through the system?

Visiting to try to keep the ILR going would not work.  As you have stated, ILR is Indefinite Leave To Remain and you would not be returning within 2 years to remain in the UK.

Obvious caveat here - I have absolutely no intention to "game" the system (I feel like this would be pretty dumb given how much money and time we've spent on the 5-year ILR route so far, even!), but if it did happen that I needed to go back to the US for a few years, for whatever reason, I'd just like to know how much flexibility there is for returning later and still retaining my ILR status.

If you wanted to return to live in the UK after your 2 years has been passed, you could try for Returning Resident, if you think your meet the requirements. These are the present rules-
 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1149921/Returning_residents.pdf

Any reason why you aren't going for British citizenship? Those holding British citizenship can leave and return at will.

As Sirius has pointed out, obtaining British Citizenship will future proof your ability to leave and return at will.

Any reason why you aren't going for British citizenship? Those holding British citizenship can leave and return at will.

I just realised I can apply for Citizenship as soon as I get ILR - I got mixed up and originally thought I had to wait a year before applying, but I don't since I'm married to a Brit! Exciting!

Ok so truthfully, myself and my spouse would like to go and spend some time travelling abroad right after I get ILR, or within a few months after that happening anyway. Although we only plan on travelling/spending time abroad for less than 2 years, we really want to at least tryto have the option to stay away for longer and still be able to return to the UK and resume permanent residency at a later (>2years) date without having to go through the long and expensive 5 year visa route from scratch again. I had originally thought we could be abroad fairly indefinitely as long as I ENTERED the UK at least once every two years (at least this is what paragraph 18 of the immigration rules seemed to tell me). Again I never intended on gaming the system, I just wanted to be able to bank on a certain amount of flexibility.

By the way it sounds though, it seems like it's best to wait just a bit longer after ILR to get Citizenship. So now I have more questions (sorry!!):

- how long, on average, does it take to get Citizenship after ILR is approved, if we apply immediately? We are also having to remortgage this month so trying to find a suitable timeframe to tell our potential lenders - which is difficult! I understand it takes 3-6 months for the application to get processed after a biometrics appointment (Are these as straightforward/timely to get as the visa biometrics appointments?), but I heard there is a ceremony involved - how long a wait is it usually for this and is it mandatory to attend? In total, would I have to factor in an extra 6, 8, or 12 months?

- Do I need to factor in an application for a British Passport too before we go travelling, or could this be done later after we return from travelling abroad (is there any sort of time limit involved?)

- how long, on average, does it take to get Citizenship after ILR is approved, if we apply immediately?

"You’ll usually get a decision within 6 months - some applications can take longer."
https://www.gov.uk/apply-citizenship-spouse/after-youve-applied

The time will depend on things like  your history, how many are in the queue when you apply, whether they need more infomation etc. Some forums have timeline threads.

but I heard there is a ceremony involved - how long a wait is it usually for this and is it mandatory to attend?

You won't become a British Citizen until you have attended your ceremony to take your oath of allegiance and a pledge. You have 3 months from your letter confirming your application was successful, to book your ceremony.
https://www.gov.uk/citizenship-ceremonies

- Do I need to factor in an application for a British Passport too before we go travelling, or could this be done later after we return from travelling abroad (is there any sort of time limit involved?)

Would you be able to board a plane to the UK with just a US passport? You won't have a BRP as that must be returned within 5 days https://www.gov.uk/apply-citizenship-spouse/after-you-get-your-certificate

At the moment, the US is one of the many countries where the UK allows their citizens to be granted entry at the border if they want to visit (and can therefore board a plane to the UK) but this is ending and the new law is already in. You would have to check when US citizens are required to apply for an ETA (Electronic Travel Authorisation) before they travel. https://talk.uk-yankee.com/index.php?topic=100713.0

A British citizen cannot apply for a visa and I assume that would apply to an ETA too?

When you hold British citizenship and have your British passport, all of the above will be over.

I had originally thought we could be abroad fairly indefinitely as long as I ENTERED the UK at least once every two years (at least this is what paragraph 18 of the immigration rules seemed to tell me).

I meant to come back to this thread, but forgot to. This is what Section 18 of the Immigration rules states-



Returning Residents.

18. A person may resume their residence in the UK provided the Immigration Officer is satisfied that the person concerned:

    (i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
    (ii) has not been away from the United Kingdom for more than 2 years; and
    (iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
    (iv) now seeks admission for the purpose of settlement.
https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-1-leave-to-enter-or-stay-in-the-uk#withdrawal-of-an-application-for-entry-clearance-permission-to-enter-and-permission-to-stay-in-the-united-kingdom

A Border Officer can cancel your ILR at the border if they are not satisfied that you meet these requirements.

 A visit is not "now seeks admission for the purpose of settlement." and does not keep ILR going. Those trying this, run the risk of losing their ILR.

ILR is Settlement, for those who want to settle in the UK.  If you are living ouside the UK for years, then you are not settled in the uK