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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a canadian citizen married to a British Citizen I have

Resolved Question:

I am a canadian citizen married to a British Citizen
I have been in Canada and it will be 2 years next week. If I dont return by then do I lose my ILR.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you. Basically, after you have been away for two years it becomes more difficult for you to return to the UK to live permanently.Even if you returned now (or even 6 months ago) then you would still have to have applied for a returning residents visa:https://www.gov.uk/returning-resident-visa This is where a person has previously held ILR and wishes to return. It generally must be applied for within 2 years of leaving the UK.You will see from the above link that you can only apply if you have been away for more than 2 years if you can show:· your strong family ties to the UK· you lived in the UK most of your life· your current circumstances and why you’ve lived outside the UK So, if you wished to return now then you would have to apply for a returning residents visa showing with documentary evidence that the three bullet points apply to you directly.I am sorry that I could not have better news for you. 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
Customer: replied 1 year ago.
Hi TomThanks for your reply. Just to let you know my two years are not complete yet. It will be next week. Do I still need a returning resident Visa. My Husband is a British Citizen - still living in the UK. Please clarify. I am confused. I thought returning Resident visa is only applicable to those who have passed over 2 years.Thanks
Expert:  Thomas replied 1 year ago.
HiSorry, I think I mistread your initial question and how long you've been away. if you've been away for less than 2 years, then provided you returned before you reached two years then you should be admitted entry on the basis of your ILR. If you attempted to enter after two years without applying for a returning residents visa then you would most likely be refused entry. So, in your cirumstances, if you attempted entry before next week then you would probably be granted entry (though it would be a good idea to have your husband physically at the airport in case there are any qusetions/difficulties from entry clearance offiicals). After next week then you would have to apply for a returning residents visa. If you entered next week, stayed for only a couple of weeks and then returned to canada then the next time you wished to enter would be most difficult to establish what would happen with the entry clearance officials when you next attempted entry.Please do remember to leave feedbackTom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much.Kind RegardsNayan Bhindi
Expert:  Thomas replied 1 year ago.
You're welcome, Naya, and good luck.Tom

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