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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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hi my niece has indefinite leave to remain in the uk and she

Resolved Question:

hi my niece has indefinite leave to remain in the uk and she has been absent for just over one yer will tis affect her entry clearance she has had indefinite leave since 1999 but she returned to iraq last year because her mother ws ill thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Does she just have ILR or has she naturalised as a UK citizen and therefore holds a UK passport?
How long is she likely to be absent from the UK for by the time she returns please?
Kind regards
Tom
Customer: replied 2 years ago.

she has ilr since 1999 but holds an iraqi passport she plans to return before the 2year period but the last time she came the immigration officer told her he could stop her from entering although the 2years limit had not expired she wasnt refused entry but she is worried that could happen again

Expert:  Thomas replied 2 years ago.
Hi,
Does she have any immediate family in the UK (eg. spouse or child)?
Does she own property in the UK?
Kind regards.
Tom
Customer: replied 2 years ago.

she is unmarried and i am her auntie.she doesnt own property here

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
ILR is granted and is intended for where a person wishes to remain permanently in the UK. If the entry clearance officers determine that a person has ceased using the UK as their place of permanent residence then they technically can refuse entry to a person holding ILR.
If she has returned to Iraq then I would recommend coming back, at least for a visit within the first year of being out of the UK, just to show that she is still treating the UK as her place of permanent residence.
Generally, if a person attempts to enter at any points within two years after they left they will be questioned as to why they have spent so much time outside the UK when they are supposed to be treating it as their permanent home. Provided that the person can show genuine reasons for why they were required to be outside of the UK then they will (generally speaking) be let in. However, if the entry clearance officers doubt the explanation then they can refuse entry.
So, if it is the case that she was outside of the UK because her mother was ill and she was required in order to care for her and spend time with her then she should be prepared to explain this to the entry clearance officers when she enters. She should really take documentary evidence of her mother’s poor health by way of proof that the reasons for being outside of the UK were genuine. If she does this then her chances of satisfying the officers of her reasons are increased and her chances of being allowed entry are also increased as a result.
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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