Will the ILR be affected if the person was legally bound to stay in a foreign country for more than 4 years, under judicial control during a trial, with interdiction to leave that foreign country and return to the UK ?

Areas of Expertise: 

Public Answer: 

Thank you for your enquiry. 

indefinite leave to remain is likely to be revoked if a migrant spends more than 2 years outside of the UK.

In such a situation, the migrant must apply as a Returning Resident when intendting to return to settle in the UK. At that stage, arguments can be put forward as to why the migrant spent more than 2 years outside of the UK and ILR may be reinstated only at the discretion of the Home Office.

You will need to provide us with more information about the person holding ILR and the reasons why they are being forced to remain outsdie of the UK for the said period for us to provide you with thorough advice. 

Someone will be in touch with you shortly to see how we can help you further.

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.

We look forward to hearing back from you soon.

Best regards,

OTS Solicitors

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