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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
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Experience:  English solicitor with over 12 years experience
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My Father (Kenyan Citizen) has an indefinite leave to remain

Resolved Question:

My Father (Kenyan Citizen) has an indefinite leave to remain granted to him in Mid 2012
He was granted this on the basis that mother is a British Citizen..
The two had been residing in Kenya for most of their life.. So the basis of his application was that my parents had decided to move to the UK...
It so happened that within a few months of living here things did not materialise and they both had to return back to Kenya.
My Parents however visit me here in the UK (I am a British Citizen) often (once a year)
When they recently arrived, an immigration officer at the airport advised my father that the rules related to his status have changed. He wasn't clear what that meant..however implied that if he no longer resides in the UK, his Indefinite Leave to Remain may not be valid.. We would like to know what changes in the rules can affect his status. As far as i know, he can maintain his status as longs as he is not away from the UK for over 2 years..
I would also like to state that it is in the long term interest of my parents to return to the UK permanently as long as they can sustain themselves here.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
There is nothing new about this requirement, ILR is only maintained if your father resides in the UK. Currently, it seems that he is residing in Kenya and only using his ILR to visit the UK hence the advise by the immigration officer that he may lose his ILR status.
The 2 year rule away is for ILR holders who have been living in the UK long term e.g. 5 years and then live outside for less than 2 years such that they maintain ILR if they return back within 2 years. Your father is lucky that he did not have his ILR revoked at the airport.
If possible, your father should apply for British Citizenship on the basis of the 3 year residency rule in the UK on the basis of marriage to a British Citizen. This would secure his long term future in the UK.
Hope this helps
Customer: replied 1 year ago.

Thanks for the reply.

He hasn't continuously resided in the UK for the past 3 years. Does he still qualify to apply for citizenship?

Expert:  UKSolicitorJA replied 1 year ago.
He would need to continuously reside for 3 years before applying, there are limited absences allowed per year up to approximately 100 days per year.
All the best
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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