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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Madam, My question is on my mom in law's ILR (indefinite

Resolved Question:

Dear Sir/Madam,
My question is on my mom in law's ILR (indefinite leave to remain) status. My dad in law and mom in law were awarded ILR status more than 10 years ago (pre-1996). For reasons I do not know, my dad never applied to convert to full UK citizenship and always used ILR status.
My in laws are from Mauritius and after 30 years living in UK moved to Mauritius and were living there for last 10 years. However, they would come to UK every single year and stay here for 2 months with their children, all of whom are full UK citizens with UK passports.
On Sunday, my mom in law came to the UK. The immigration officer asked her a few questions regarding whether she was visiting or staying in UK, whether she had bank account here (which she does) and after speaking with his manager, cancelled my Mom's ILR visa and gave her a 6 month visit visa.
As mentioned, all the children are UK passport holders and except for one of them (living in US), all the children are resident and live in UK and their children too.
My questions are as follows:
i) My mom in law visited UK every year and stayed for 1-2 months at a time. She has never been away more than a 12 month period. She lived here for 30 years before moving to Mauritius about 10 years ago. Was the immigration officer allowed to cancel the ILR status? She has no criminal or other reason that would warrant such treatment and visits UK annually.
ii) Are there any options my mom can appeal the decision and if so how should she go about it? Appreciate any advice on pro's or con's to consider. I assume it would be better to reverse the decision rather than ask for ILR all over again.
iii) One odd thing with my mom's passport - since as early as 1996, whenever she has come back in to UK, even whilst living full time here, they have marked a stamp saying 'leave to enter for six months: employment and recourse to public funds prohibited'. Is it normal to have this stamp when my mom in law has an ILR stamp too?
Thank you for your advice.
Best wishes, Ommar Hannan
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
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Nicola
Expert:  Nicola-mod replied 1 year ago.
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Nicola
Customer: replied 1 year ago.
Hi Nicola thank you. Please try if you can find someone. I am happy to wait another few days.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
I have just seen your question. I am a UK immigration lawyer and would respond to your queries as follows:
1) yes, the immigration officer has the power to revoke the ILR of your mother in law as ILR requires the holder to live in the UK. Your mother is a visitor and therefore requires a Visitor Visa as she is normally resident outside the UK. The fact that she visits the UK every year is not sufficient to retain her ILR status.
2) I am afraid it is unlikely that the revocation will be reversed as the Immigration Officer validly revoked the ILR on the grounds that your mother was a visitor and not living in the UK. Reapplying for ILR is also not a valid option here I am afraid.
3) this may be an oversight and the ILR would prevail as it had not been formally revoked until now.
The above problem would not have happened had your mother in law applied for British Citizenship when she was living in the UK previously.
I am sorry but I cannot give you better news.
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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