Residency Requirements after ILR and before Passport

[AO]

Hi:

I recently got my ILR approved. My case is a bit tricky because of significant absences from the UK. I lead the international division of my company and have to spend 10-15 days a month on international trips. However, I have letters from my company to support that. Anyways, the case worker, very reluctantly, approved the ILR.

Now, I am in the last year before Citizenship and am concerned that my absences may further create problems. I know that I have to travel outside the country for work-related for a couple of months. I think that's fine.

However, I have to go abroad for longer - more than a year or so - to establish a business abroad. I have the following questions:

a) I know I can come back within 2 year on the same ILR without any further permission to come back. However, what does that do to my citizenship clock? The Citizenship Forms (AN) seem to again go back to the 5-year period before ILR and 1 year period since ILR. If I have a 2 year absence in between, would that mean my 5-year clock will almost start again?

c) If my stay extended beyond 2 years, so that I will need to apply for a leave to enter again (with additional requirements such as showing that I am returning back to permanently settle now, such as buying a home in the UK), what does this do to the 5+1 year Citizenship clock? Do I go back to where I started from or does having an ILR means the first five years are already done and dusted and I only have to spent 1 additional year's residency requirements.

Please note, that looking at form AN, it looks like they go back to calculating everything from 5 years ago ... which, with 2 years of absence in between, will definitely have to start all over?

Thanks in advance.

-A.

[Jambo]

Among the requirements for naturalisation are:

* Less than 450 days of absence in the last 5 years before applying.
* Less than 90 days of absence in the last year before applying.

Please note that for naturalisation, there is no difference between work related absences and private ones. All counts.

If you do not meet the requirements, you can apply and this would be application at discretion. See Q3 in FAQ - most common questions.

Your understanding of the situation is correct. In practice, if you leave the UK for almost 2 years, although you won't lose your ILR status, you will need to reside several years on your return to meet the requirements again.

If you leave for more than 2 years, you will lose ILR and will need to apply for a visa and likely start the 5+1 clock from zero.

[AO]

Among the requirements for naturalisation are:

* Less than 450 days of absence in the last 5 years before applying.
* Less than 90 days of absence in the last year before applying.

Please note that for naturalisation, there is no difference between work related absences and private ones. All counts.

If you do not meet the requirements, you can apply and this would be application at discretion. See Q3 in FAQ - most common questions.

Your understanding of the situation is correct. In practice, if you leave the UK for almost 2 years, although you won't lose your ILR status, you will need to reside several years on your return to meet the requirements again.

If you leave for more than 2 years, you will lose ILR and will need to apply for a visa and likely start the 5+1 clock from zero.

Thanks, Jambo.

I have significantly more absences than 450 (all work related) in the last five years. However, given the nature of my work as a Director of an international consulting business it is unlikely that these will be curtailed anytime soon. Does that mean I will never be able to qualify for Naturalisation - even though I live in the UK? Is it also within the discretion of the case worker to disregard my business related absences for naturalisation purposes even though, as you say, they're counted same as personal absences.

Also, regarding 2-years+ absence, you said I'll lose my ILR if I stay out for more than 2 years, my ILR letter said that ILR would remain valid for upto 10 years in case of absences from the country.However:

a) If I leave the country for upto 2 years, I don't need entry clearance,
b) if I leave for more than 2 years, I need an entry clearance before returning though it will be the same ILR.

Thanks for your advice!

[vinny]

my ILR letter said that ILR would remain valid for upto 10 years in case of absences from the country.However:

a) If I leave the country for upto 2 years, I don't need entry clearance,
b) if I leave for more than 2 years, I need an entry clearance before returning though it will be the same ILR.

Did it really say that? Can you give an exact quote? I haven't noticed any changes in the immigration rules relating to this.

[Jambo]

The caseworker can apply discretion if you do not meet the residential requirements.

For more details, follow the link in Q3 in the FAQ I referred to.

[AO]

[quote="vinny"][quote="AO"]my ILR letter said that ILR would remain valid for upto 10 years in case of absences from the country.However:

a) If I leave the country for upto 2 years, I don't need entry clearance,
b) if I leave for more than 2 years, I need an entry clearance before returning though it will be the same ILR. [/quote]

Did it really say that? Can you give an exact quote? I haven't noticed any [url=http://www.immigrationboards.com/viewto ... 168#151168]changes[/url] in the [url=http://www.ukba.homeoffice.gov.uk/polic ... les/part1/]immigration rules[/url] relating to this.[/quote]

Sorry Vinny, it doesnt say 10 years (clearly I am reading a lot of things and am mixing it up) but this is what the letter says:

"If you leave the UK, you will normally be re-admitted for settlement as a returning resident provided that:

- you did not receive assistance from public funds towards the cost of leaving the country...

- you had indefinite leave to remain here when you last left;

- you have not been away for longer than 2 years; and

- you are returning for the purpose of settlement.

...

If you have been away from the UK is longer than 2 years, but you can still demonstrate that you had indefinite leave to remain here when you last left and you are returning for the purpose of settlement, you may still qualify for admission as a returning resident.

You do not require a visa to return to the UK provided you are returning for settlement after an absence of less than 2 years or less. However, if you're returning for settlement to the UK after an absence of over 2 years, you are advised to apply for an entry clearance at the nearest British Diplomatic Post in the country you're living. This will facilitate your re-entry to the UK. ...."

Any thoughts on the maintenance requirement for FLR(M) application?