Are you aware of the
2 year rule for
UK settlement
holders?
27 August 2014
The route to acquiring UK settlement status can be demanding and take overseas nationals more than five years to reach. Once it is acquired, there is no limit on the amount of time the holder can spend in the UK and no conditions attached in terms of their ability to take employment. Preserving this visa status therefore has its obvious benefits. So how difficult is it to subsequently lose?
It may come as a surprise to some, but overseas nationals with indefinite leave still require permission to enter and stay in the UK and therefore continue to be subject to immigration control. This control is primarily flexed by Immigration Officers when an overseas national seeks re-entry to the UK as a returning resident, especially after a long absence.
Period of absence
When a person with indefinite leave travels outside the UK, their leave does not lapse provided they are not absent from the UK for a continuous period of more than 2 years. They are entitled to return to the United Kingdom and be re-admitted as a returning resident if they can satisfy the vigilant immigration officer that they:
• had indefinite leave in the UK when they last left
• have not been away from the UK for more than 2 years
• did not receive assistance from public funds towards the cost of leaving the UK, and
• are seeking admission for the purpose of resuming residence in the UK
How do you prove you have not been away for longer than 2 years?
The period of absence from the UK should be clear from a person’s passport stamps. However, if the actual dates are not clear, evidence of recent residence in the UK can be presented to the immigration officer such as bank statements, employment letters or pay slips.
What happens if you fail to return within 2 years?
If an overseas national intends to journey to the UK as a returning resident but has been unable to return to the UK within a 2 year period they should seek to re-instate their returning resident status prior to travelling to the UK. The Immigration Rules include a provision for discretion to be used in these circumstances. However, the application would be considered exceptionally on a case-by-case basis by an Entry Clearance Officer taking into account factors such as: family ties to the UK; the length of original residence in the UK; the time spent outside the UK and the reason for the delay in returning.
To avoid the possibility of losing their residency status, permanent residence holders would be wise to keep long absences from the UK down to a minimum and always return within 2 years.
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