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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Can a Russian person that is married but live separate lives

Resolved Question:

Can a Russian person that is married but live separate lives and they are going back to Russia for an indefinite period of time be legal, they have 2 years left on there indefinite papers
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,
Thanks for your question.
Just to clarify: has the person received indefinite leave to remain?
Kind regards
Tom
Customer: replied 3 years ago.
Yes and has 2 yrs left on certificate
Expert:  Thomas replied 3 years ago.
Hi,
Thanks. Drafting your answer now. 5 mins please.
Tom
Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If a person has obtained ILR then they are expected to live permanently in the UK afterwards until they naturalise as a UK citizen. If they naturalise as a UK citizen and obtain a UK passport then they can live wherever they want and return to the UK at will.
If a person who holds ILR moves outside of the UK, lives there for a bit and then decides to return to the UK within 2 years of when they left then they will usually be allowed to do so provided they can show that they held ILR when they left, are returning to the UK to live permanently and were not given public funds to leave the UK previously. Confirmation here:-
https://www.gov.uk/returning-resident-visa
However, if a person who has ILR moves outside of the UK and lives there permanently for more than 2 years then the home office will curtail their ILR. If this happens and the person wishes to return to the UK then they are required to apply for a returning residents visa. The webpage on this is here:-
https://www.gov.uk/returning-resident-visa
So, basically the person is probably fine to leave the UK and work outside the UK for two years provided that they hold ILR.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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