Tag Archives: leave to remain

indefinite leave to remain

28 Feb

entrlondon 4.51pm

when i read this woman, who is singaporean being deported from uk because she had let her permanent residence lapse, i was surprised because i thought i read some time ago that she got a reprieve.

but it seems not.

she got ‘indefinite leave to enter’ (the official words stamped on your passport that says u got permanent residence in uk) when she first married her husband in 1990, but  she went back to singapore for more than 2yrs to look after her dying parents, and so lost it. that was a mistake, she should have come back before the two years, just to re establish another 2yrs just to keep that permanent residence alive. but i guess in those days u dont really think of it. i have a feeling she was absent from the uk for a long time. 

what is interesting is that she was given a ‘indefinite leave to enter’ in 2008. which suggests that she came back to uk that year. and what is strange is that it needs to be renewed. so it might be she again left the uk to live in singapore and overstayed the 2yrs.  i dont recall that a ‘indefinite leave to enter’ needs to be renewed…so that seems to me the only reason why it has to be so.  if that is the case, then she must have tried their patience, leaving the country twice for more than 2yrs after being given permanent residence twice.

if away from the UK for more than 2 years you may still qualify to return to live in the UK under your previous conditions if, for example, you have strong family ties in the UK or have lived here most of your life. However, as this would be a matter for the Immigration authorities, you would be required to address any further queries to them.

and now there is a new rule for spouses of british citizens, the husband (usually it is the husband, though i suppose it applies to the wife too if she is the british citizen) must earn more than £18,600 a year. this was recently upheld by the judges. the husband unfortunately has recently undergone heart surgery, and so out of work and so do not fulfil that requirement. 

what is interesting is that the ruling went all the way to the european court and the euro judges upheld the british court judgement. when those same judges overturned british judgement and ruled that european criminals cannot be deported after their sentence  because it breached their human rights to be with their local families… and then they agree with the british judgement in this case of having to earn that kind of money before their spouse can stay… it is quite laughable really. i can see it is something that the british have to do, to prevent a huge influx of wives coming in from europe, and their kids too… but i must say their agreeing with the british judges really surprised me. usually they could not care less about british judgements and rule against . but i think after our vote for brexit they must have thought we better be more resilient and allow them some autonomy. haha. or they might be thinking it might open the floodgates in germany and france too, if they overrule it. 

nowadays things have changed a lot, it is a long way from the old rules, where just being married to a british citizen is enough to allow u right to live in this country. but too many people have abused it and so they changed the rules. and now she is caught in it.