This is an IS appeal which is why it's here. We've spoken to JCWI but their advice doesn't tally with the info from HC395 that Tim Samuel tracked down for me below. (Ta again)

the appeal's on Monday morning so there's no SSU available before we go.

As Penelope Pitstop once said...

My client came to UK in 1988 was granted Indefinite leave to remain as an eritrean refugee in 1994, met a fella and moved to Sweden with him in '95 where they wed and she obtained citizenship. Marriage broke down and she came back in August '06.

Might she retain subsisting ILR and hence have r2r?

JCWI say no, but HC395 says the two year limit after which ILR is lost can be extended in certain circumstances, however omits to give us a list. Might marriage breaking down be one of them?

Heylp!

If a person who had indefinite leave to remain stays out of UK for 2 years or more, then they must apply for it again on their return, and it will have to be evidenced by either an endorsement in the passport or a letter from the Home Office. Whether or not soemone has indefinite leave to remain is a question of fact determined by immigration law, not something that a social security tribunal can decide.

12 years is a hell of a long time and I can't see why she would be granted it again. However I would want to know exactly what leave she was given in 1994, since on the whole being granted asylum is not the same thing at all (unless they just gave it to her because she had been here so long anyway).

On the whole EEA nationals don't need or get indefinite leave to remain: if they are here long enough they get a permanent right of residence. The fact she has Swedish nationality is odd. That is the normal procedure for successful asylum claimants in many European countries of which Sweden is one, unless her husband was Swedish and she took his nationality at some time during the marriage. If she already had asylum in the UK she didn't need to claim it again in Sweden.

Thanks for that. She was originally an Eritrean national, asylum in UK then took hubby's nationality.

Tim Samuels phoned on Friday and explained that if SoS believes there was another country that would protect cl then ILR would not be renewed so I gave up on that one. (Ta again Tim)

Mr Comm'r Rowland's CIS 3182 2005 and linked HB decns came in handy and we've got JSA definitely, and hopefully IS claim preceding it in the bag, decisions in the post.

As I'm exapanding my knowledge base here... I saw a grat of ILR in the Ethiopian Passport that client provided, is that different from Asylum?

Finally, so I can try and resolve this once and for all, have you any idea where the exceptions in the regs that HC395 refers to, i.e. "if you have lived here most of your life" are recorded, it might come in handy in the future.