General UK immigration & work permits; don't post job search or family related topics!
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gomsamot
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by gomsamot » Mon Jul 22, 2024 3:16 pm
Hello everyone,
I have couple of queries made up from 2x scenarios that i am considering and wanted to get some advice before we make any decisions.
Currently live with my wife in UK and both have Indefinite leave to remain (EU passports) and are considering moving to Dubai.
Scenario one: Remaining on Indefinite leave to remain (both myself and my wife).
After how long us not living in UK we will loose our indefinite leave to remain?
We own a home here in UK, and considering both: selling it or renting it out to someone. Would this impact on the above question?
Scenario two: Me applying for British passport and wife remaining on Indefinite leave to remain
Same questions as in Scenario one: what impact would that have on our citizenship here in UK if we move out.
And will property ownership make a difference in this scenario?
Appreciate there are few questions here but i am hoping it's a simple answer for someone ?
thank you!
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lolo2
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by lolo2 » Mon Jul 22, 2024 3:35 pm
Have you got ILR through any visa or the EUSS (settlement)?
Lapsed settlement
When a person holds settlement (indefinite leave to enter or remain) they are only permitted to be outside the UK and the Islands for a particular period of time or under certain circumstances before their settlement status lapses through the operation of law. The preamble to Appendix Returning Resident sets out these periods, which reflects the LTERO. The periods are:
- more than 5 years, if they previously had settlement in the UK under the EU Settlement Scheme
- more than 4 years, if they previously had settlement in the UK under the EUSS as a Swiss national or a family member of a Swiss national
- otherwise more than 2 years
https://www.gov.uk/government/publicati ... settlement
For British citizenship, the applicant needs to confirm their intention to make the UK as home. If you declare that your plan is to move to Dubai not sure how helpful that would be for a successful outcome on the application.
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Ticktack
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by Ticktack » Mon Jul 22, 2024 3:45 pm
gomsamot wrote: ↑Mon Jul 22, 2024 3:16 pm
Hello everyone,
I have couple of queries made up from 2x scenarios that i am considering and wanted to get some advice before we make any decisions.
Currently live with my wife in UK and both have Indefinite leave to remain (EU passports) and are considering moving to Dubai.
Scenario one: Remaining on Indefinite leave to remain (both myself and my wife).
After how long us not living in UK we will loose our indefinite leave to remain?
We own a home here in UK, and considering both: selling it or renting it out to someone. Would this impact on the above question?
You lose it after 5 years of being away from the UK.
Scenario two: Me applying for British passport and wife remaining on Indefinite leave to remain
Same questions as in Scenario one: what impact would that have on our citizenship here in UK if we move out.
If you become British, you can stay out there as long as you want. Wife (still EU) the above applies.
And will property ownership make a difference in this scenario?
Nope it doesn't. It could only help with returning resident.
Appreciate there are few questions here but i am hoping it's a simple answer for someone ?
thank you!
No sin in failing, you just have to try and try again!
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contorted_svy
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by contorted_svy » Mon Jul 22, 2024 4:13 pm
Property ownership would have no impact on ILR or citizenship applications. Being away from the country once you have citizenship means you can return at any time, though you need to make sure you meet the future intentions requirement.
All advice comes from personal research and experience and should not be regarded as professional opinion.
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gomsamot
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by gomsamot » Tue Jul 23, 2024 9:40 am
lolo2 wrote: ↑Mon Jul 22, 2024 3:35 pm
Have you got ILR through any visa or the EUSS (settlement)?
I believe it's via Settlement, rather than Visa as i currently hold EU passport and i have now logged in to check it says my status is:
"Settled status, also known as indefinite leave to remain"
So I presume 5 years is applicable here and in this instance my home ownership in UK wont make a difference if i loose this after 5 years or not?
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contorted_svy
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by contorted_svy » Tue Jul 23, 2024 10:11 am
Yes, you have ILR under the EUSS. If you are away for longer than 5 years you will lose it.
Please note that just being back in the UK for a week or so won't reset the 5 years clock - you would need to be back and show a genuine intention to live here again or your ILR may be questioned. Home ownership would not influence you holding on to ILR.
All advice comes from personal research and experience and should not be regarded as professional opinion.
