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ILR and leaving the UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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nyaraboke
Newly Registered
Posts: 2
Joined: Thu Jan 24, 2013 10:40 am

ILR and leaving the UK

Post by nyaraboke » Thu Jan 24, 2013 10:50 am

So I have had my ILR since 2010 , I was on a spouse visa that led to ILR but unfortunately after just over 10 years of being together my husband- soon to be ex and I are going our separate ways.

I haven't applied for citizenship mainly due to funds as I haven't had a stable job in this market however I now have the opportunity to go and work in another country for a while and I think this would give my career the kickstart it needs and time to reestablish myself.

How does this affect my ILR if I choose to go and work abroad for 2/3 years? I do intend to come back to UK eventually and during my time working away.

shahid2000
Member of Standing
Posts: 293
Joined: Tue Sep 11, 2012 2:20 pm

Re: ILR and leaving the UK

Post by shahid2000 » Thu Jan 24, 2013 11:26 am

nyaraboke wrote:So I have had my ILR since 2010 , I was on a spouse visa that led to ILR but unfortunately after just over 10 years of being together my husband- soon to be ex and I are going our separate ways.

I haven't applied for citizenship mainly due to funds as I haven't had a stable job in this market however I now have the opportunity to go and work in another country for a while and I think this would give my career the kickstart it needs and time to reestablish myself.

How does this affect my ILR if I choose to go and work abroad for 2/3 years? I do intend to come back to UK eventually and during my time working away.
As i understand it you already have your ILR so you are not dependant on your husband anymore. Separation will have no effect on your ILR. Although you should know that if you staty outside of UK for more than 2 years than the ILR becomes invalid.

sam2012
Junior Member
Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Thu Jan 24, 2013 12:17 pm

Hi, I'm planning to leave the country for a while once I get my ILR.

What is rule for invalidating the ILR ?
Is it continuos 2 year outside UK ? or overall 2 years outside UK ?

Any other rules to consider before leaving .. please help
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Thu Jan 24, 2013 12:25 pm


nyaraboke
Newly Registered
Posts: 2
Joined: Thu Jan 24, 2013 10:40 am

Re: ILR and leaving the UK

Post by nyaraboke » Thu Jan 24, 2013 12:29 pm

As i understand it you already have your ILR so you are not dependant on your husband anymore. Separation will have no effect on your ILR. Although you should know that if you staty outside of UK for more than 2 years than the ILR becomes invalid.[/quote]


THanks for your feedback ,

yes I am not dependent on my husband if I opted to go for citizenship would the 2 year absence apply as well or would the separation have any impact on that as well?

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: ILR and leaving the UK

Post by cs95tdg » Thu Jan 24, 2013 12:34 pm

nyaraboke wrote:yes I am not dependent on my husband if I opted to go for citizenship would the 2 year absence apply as well or would the separation have any impact on that as well?
Please see the UKBA link I provided to understand what you (as a ILR holder) need to do if you decide to leave the UK and then return at a later date.

Your soon to be ex-husband's immigration status or your relationship status has nothing to do with your immigration status now that you have ILR.

sam2012
Junior Member
Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Thu Jan 24, 2013 12:39 pm

cs95tdg, thank you for the quick response.

The link shows about returning residents who have stayed 2 years or more outside UK.

How many absenses are allowed for an ILR holder to stay outside UK and to continue holding the ILR status ?

Basically due to my job, I will be staying almost 6 months out of UK and 6 month in the UK in an year. Will this impact my ILR status in the long run.

Thanks
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Thu Jan 24, 2013 12:42 pm

sam2012 wrote:Basically due to my job, I will be staying almost 6 months out of UK and 6 month in the UK in an year. Will this impact my ILR status in the long run.
No, this will not impact your ILR. The two years mentioned on the UKBA website, is continuous. Note however, if you intend to apply for citizenship at a later date, you will need to make sure you meet the absence threshold required for that.

sam2012
Junior Member
Posts: 55
Joined: Mon Dec 31, 2012 2:09 pm

Post by sam2012 » Thu Jan 24, 2013 1:57 pm

cs95tdg, thank you for the information.
This forum has helped me since last 5 years to get my HSMP , Tier 1 extn and ILR. I really appreciate all the forum members for keeping it Live!

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