Immigrationboards.com

Hi,

I was wondering if there are any requirements or rules that need to be met after getting ILR to ensure the ILR status stays valid forever?

After getting ILR, if I move back to my native country for good, can I come back if I want after couple of years? Will the ILR status still be valid?

Also, after getting ILR, are there any requirements/PBS to meet if I decide to apply for British citizenship/passport?

I will be grateful if you could provide any information in regards to above.

Many thanks in advance

sillyquestion wrote:Hi,

I was wondering if there are any requirements or rules that need to be met after getting ILR to ensure the ILR status stays valid forever?

After getting ILR, if I move back to my native country for good, can I come back if I want after couple of years? Will the ILR status still be valid?

Also, after getting ILR, are there any requirements/PBS to meet if I decide to apply for British citizenship/passport?

I will be grateful if you could provide any information in regards to above.

Many thanks in advance

I have the impression that, with ILR, you can come back without any problem,after leaving for no more than two years.

thanks alonwong.

can anybody else confirm who knows the answers for 100%?

thank you again

See Returning residents

For information on the requirements for naturalisation see:

http://www.immigrationboards.com/viewtopic.php?t=95747
http://www.ukba.homeoffice.gov.uk/britishcitizenship/

sillyquestion wrote:thanks alonwong.

can anybody else confirm who knows the answers for 100%?

thank you again

You can stay out for up to 2 years if you intend to come back and settle. For citizenship there are requirements about residency so your absences would more than likely prevent you applying for citizenship until you'd satisfied the residency requirements. Why not get citizenship before leave, which is your native nationality?

Thanks for the replies. My nationality is Indian.

I read the above posts and links, can I check if I understood this correctly:

1. To keep my ILR status valid, I should return to UK before 2 years. Once, I return to the UK, I can leave again after sometime and then return again before 2 year period to keep the status valid?

2. If I wish to apply for BC, I should come back to UK and stay for atleast 12 months under ILR status to be eligible for BC (assuming I satisfy other requirements)

Thanks again so much

sillyquestion wrote:Thanks for the replies. My nationality is Indian.

I read the above posts and links, can I check if I understood this correctly:

1. To keep my ILR status valid, I should return to UK before 2 years. Once, I return to the UK, I can leave again after sometime and then return again before 2 year period to keep the status valid?

2. If I wish to apply for BC, I should come back to UK and stay for atleast 12 months under ILR status to be eligible for BC (assuming I satisfy other requirements)

Thanks again so much

1. You must be returning to live here permenantely I.e to settle so coming back for a month every 2 years may not be enough.

2. It doesn't matter about 12 months it is the last 5 years for BC residency or 3 years if married to a BC. If you leave for 2 years then you must meet 5 years (well technically around 3 years 9 months without any further absences) in the UK to satisfy residency.

18 wrote:(iv) now seeks admission for the purpose of settlement.

There is some discretion in certain circumstances. However, this is not applicable if you

sillyquestion wrote:move back to my native country for good

Thanks Vinny and D4109125

I read all the links. I think I can stay overseas and may only return for a few months before 2 yrs to keep my status valid and but I cannot re-set the 2 year clock.

If I want to apply for BC upon return to UK, I will have to stay in UK for 5 years under ILR status to qualify for BC?

Have I understood this rightly?

Is it possible to apply for BC straight away after 5 years of Tier 1 General visa? Or Do I have to apply for ILR and then wait for 12 months before applying for BC?

Thanks

sillyquestion wrote:If I want to apply for BC upon return to UK, I will have to stay in UK for 5 years under ILR status to qualify for BC?

No, this is incorrect, you are not required to have held ILR status for 5 years.

sillyquestion wrote:Is it possible to apply for BC straight away after 5 years of Tier 1 General visa? Or Do I have to apply for ILR and then wait for 12 months before applying for BC?

No. Yes, you will need to wait 12 months if your spouse/partner is not a BC.

The following explanation may help...
Once you are granted ILR as a T1G economic migrant, you will be free from immigration time restrictions and can leave and return as you please, so long as you have not been away continuously for over 2 years and are returning with the intent of settling in the UK permanently (As vinny has pointed out, there are exceptions to this requirement, but they do not apply to you from the information you have provided). Your ILR status is not meant to be used as a visit visa, where you are settled in another country and coming to the UK for short periods of time.

The standard residential requirements for BC after you are granted ILR are as follows:

To demonstrate the residential requirements for naturalisation, you must have:
a) been resident in the UK for at least five years (this is known as the residential qualifying period); and
b) been present in the UK five years before the date of your application; and
c) not spent more than 450 days outside the UK during the five-year period; and
d) not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
e) not been in breach of the Immigration Rules at any stage during the five-year period. and
f) You must be free from immigration time restrictions (i.e. have ILR) when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

In your circumstances (where you were granted ILR as a T1G Migrant) this would mean you would be eligible to apply for naturalisation 1 year from the date you were granted ILR, so long as you meet the absence thresholds mentioned above and all other requirements for Naturalisation.

Thanks cs95tdg, that answers all my questions