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LawyerAk, Solicitor
Category: Immigration Law
Satisfied Customers: 539
Experience:  Expert in Immigration and family law
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Please may I ask a indefinite leave to remain visa question?

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Hello there! Please may I ask a indefinite leave to remain visa question?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I am a Japanese passport holder with indefinite leave status because I grew up, was educated, worked in and paid taxes in the UK. I am currently in Hong Kong for work.
JA: Have you talked to a lawyer about the green card?
Customer: No I haven't
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have been working in HK for just under four years now, but returned to the UK two years ago to ensure I didn't lose my indefinite leave to remain status

Good afternoon, as you are an indefinite leave to remain holder from your question are you planning to apply British citizenship if yes then the rule is you have not travelled outside the U.K. more than 450 days in the last 5 years.

Customer: replied 6 days ago.
Hi! thanks so much for your response: Thanks for the advice. I wanted to know this: I have found it hard to find a job in the UK - that is why I have been working in Hong Kong. My question is: Can I return to the UK before my second two-year period is up for a brief work trip, then go back to my job in Hong Kong for another year to work without losing my current indefinite leave to remain status?
Customer: replied 6 days ago.
I would like to apply for British citizenship upon my return to the UK .. not during my second trip back in August, but when I return in October or so. many thanks again!

On ILR you should not stay out of the U.K. more than 2 years therefore if this time period has been reached. I would not advise going again for another year.

Customer: replied 6 days ago.
thank you for your response! i have already done the two years and have had to go back to Hong Kong for work. When I rang the immigration bureau in London they said I should be OK again when I return for a second time, if I make it clear that I am permanently resettling in the UK. The immigration officer mentioned there was a grey area in the law
Customer: replied 6 days ago.
do you think that what she said is accurate? Thanks so much again for your advice!

For ILR should have the intention to permanently reside in the U.K. therefore if you are out of the country for a long period you may have to apply for returning resident visa and show why you were outside for so long.

Customer: replied 6 days ago.
Thanks so much for your help. Can I apply for returning residency visa once I'm back in the UK? Or would I have to do that from Hong Kong?

When your in Hong Kong planning to come back to the U.K.

Customer: replied 6 days ago.
Given the immigration officer thought it should be OK, if I'm coming back to settle this time around, I was wondering if I could firstly speak with the immigration officers at the airport first. I am planning to come back to the UK at the end of June 2021. thanks so much again!

If your ILR has expired then you should look at the returning resident visa. Glad to be of assistance today. Kind regards

LawyerAk and other Immigration Law Specialists are ready to help you
Customer: replied 6 days ago.
Ok thanks very much for your help! Kind regards

Take care.