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I am on ILR got good opportunity abroad?
Posted: Wed Jul 24, 2013 5:31 pm
by faislondon
Hi Gurus,
I am on ILR visa. Recently I have received a very tempting work offer in India. I really want to take the job. How can I maintain mayself of ILR and still work abroad. I was thinking to travel here every year just to keep my status alive. Also I am not very keen on BC.
Can someone with some idea please advise?.
THANKS
Posted: Wed Jul 24, 2013 5:33 pm
by Amber
Posted: Wed Jul 24, 2013 5:38 pm
by faislondon
Ok so if I am out of UK for more than 2 years than I need to get a returning resident visa. What if I come here every years without exceeding that 2 years limit?
Posted: Wed Jul 24, 2013 6:22 pm
by Amber
Should be ok if you are returning to live here permanently.
Posted: Wed Jul 24, 2013 6:52 pm
by huqqapani
D4109125 wrote:Should be ok if you are returning to live here permanently.
Amber
what are the restrictions once you become BC, i.e. if i wanted to emigrate to a different country after obtaining BC, would I have to come back within 2 years same as an ILR holder ?
Posted: Wed Jul 24, 2013 7:06 pm
by faislondon
Hi D4109125,
I wont return to settle here. I will just make short trips to maintain my ILR every year.
Posted: Wed Jul 24, 2013 7:32 pm
by vinny
ILR may be cancelled, if
18(iv) fails.
Posted: Wed Jul 24, 2013 7:43 pm
by CR001
huqqapani wrote:D4109125 wrote:Should be ok if you are returning to live here permanently.
Amber
what are the restrictions once you become BC, i.e. if i wanted to emigrate to a different country after obtaining BC, would I have to come back within 2 years same as an ILR holder ?
There are no restrictions for British Citizens, you are free to move out of the UK if you wish and return whenever you wish.
The 2 year rule applies to ILR and not BC.
Posted: Wed Jul 24, 2013 7:44 pm
by huqqapani
vinny wrote:ILR may be cancelled, if
18(iv) fails.
VINNY
Can you please explain more. I was planning to migrate after gaining BC. Are you saying that I may lose citizenship ?
Posted: Wed Jul 24, 2013 7:56 pm
by deleted_user
huqqapani wrote:vinny wrote:ILR may be cancelled, if
18(iv) fails.
VINNY
Can you please explain more. I was planning to migrate after gaining BC. Are you saying that I may lose citizenship ?
No that
18(iv) is for ILR holders only.
You can
still loose BC if the government decides that you can reasonably obtain another countries citizenship (i.e. India ) and they don't want you anymore (because you are a terrorist or spat in T Mays face).
Posted: Wed Jul 24, 2013 7:58 pm
by faislondon
What if I am travelling to UK every one year via Schengen country through Schengen visa?. Immigration is normal done at the time of departure in Schengen country. I will arrive into Schengen country as a tourist and then enter UK on ILR.
Posted: Wed Jul 24, 2013 8:57 pm
by Amber
When other people hijack a thread it becomes difficult to decipher what is going on for the OP and others.
You won'l lose your British citizenship unless you are a threat to National Security or Policy/for the protection of the public interest.
In order to maintain your settled status you must be returning to settle.
On your first trip back you might be ok regarding this. However, on subsequent trips the caseworker may view your repeated travel as an indicator that you are not planning on settling here. I gather you don't want to lose your Indian citizenship.
Posted: Wed Jul 24, 2013 9:10 pm
by faislondon
So its about taking risk and luck at immigration?
Posted: Wed Jul 24, 2013 9:12 pm
by faislondon
So its about taking risk and luck at immigration?
Posted: Wed Jul 24, 2013 9:13 pm
by Amber
Perhaps.
Posted: Wed Jul 24, 2013 9:46 pm
by faislondon
Once I get the offer letter. I am planning to move to India. Also I will take schengen visa for a year or so. I will try my luck thorugh Schengen country every year.
Posted: Thu Jul 25, 2013 8:50 am
by AndyGandhi
faislondon wrote:Once I get the offer letter. I am planning to move to India. Also I will take schengen visa for a year or so. I will try my luck thorugh Schengen country every year.
I personally think, you might be jeopardising your ILR. IMHO, you should be working abroad, not more than 2 yrs. & return to UK within 2 yrs.
Somewhere I had read, that even if you come to UK on company trip for 1-2 months, it will not help to continue ILR, as indicates, you are settled abroad.
Please double check, before making a decision.
Posted: Thu Jul 25, 2013 8:58 am
by Casa
That's correct. Short visits don't count.
Posted: Thu Jul 25, 2013 9:33 am
by AndyGandhi
Casa wrote:That's correct. Short visits don't count.
Casa,
What is the definition of short visit & how much stay would be good to reset the clock for 2 yrs counting? I think, it is not crystal clear in UKBA guidance, but appreciate, if there is any experience in this regard.
Thx
Posted: Thu Jul 25, 2013 6:29 pm
by faislondon
Information on UKBA website is not clear. They say you should not exceed 2 years and on return your intention should be to settle down here.
Posted: Fri Jul 26, 2013 12:14 pm
by Casa
You will need to show that you are resident in the UK...not visiting.
Posted: Sat Jul 27, 2013 3:07 pm
by faislondon
2 years rule is rediculous. That means it is easier to get the BC and then move abroad than to keep ILR
Posted: Sat Jul 27, 2013 3:21 pm
by vinny
faislondon wrote:2 years rule is rediculous.
Better than for US
Green card holders.