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Tier 2 to ILR and hold Belgium Type D res permit

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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Mershablo
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Joined: Sun Jan 08, 2017 3:32 pm

Tier 2 to ILR and hold Belgium Type D res permit

Post by Mershablo » Sun Jan 08, 2017 4:06 pm

Hello everyone,

I need some clarity and hoping that someone here might give me a direction on how to solve this conundrum.

I am an Indian citizen with a Tier 2 general visa (UK). July 1st 2017 i am due to apply for my ILR (UK). (I do qualify for it and full fill all eligibility criteria). Meanwhile, my husband (Mexican passport) has moved to Belgium for full time work. He has a type D multiple entry visa, valid for 365 days, and mandatory registration within 8 days of arriving in Belgium. Whilst i had a chance i also got my dependant visa for Belgium along with his application and now i have the same conditions on my Type D visa i.e. multiple entry, 365 days validity and mandatory 8 days registration. This means i have to register in Belgium in order to visit and be with my husband.

Extra note! - We were told that if i apply later on my own my application would get processed in around 6 - 9 months; ridiculous timing! So we applied together. Probably a stupid idea anyway and we are in a pickle now anyways and seems like i will not be able to visit him weekly anyways until after August 2017. :(

My questions are:
1) Can i register as a resident in Belgium and still hold Tier 2 general visa in UK? (my job doesn't care, they want me to work for them indefinitely provided i can manage 9am-5pm). I plan to leave for Belgium every Friday and return Tuesday morning (Mondays i work from home). This would allow me to be within my residency requirement for my ILR UK application in July 2017. This brings me to my next question. :cry:
2) Will my registration in Belgium work against me getting an ILR in UK? Will UK see my residency in Belgium as an intention to not be a resident in UK? :?:
3) Is there any law between Uk and Belgium which could allow me to be resident in Belgium and also get ILR in UK? :idea:

Any answers, suggestions would be helpful.
Thank you very much.

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CR001
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Re: Tier 2 to ILR and hold Belgium Type D res permit

Post by CR001 » Sun Jan 08, 2017 6:26 pm

Topic moved to ILR forum, which is more relevant.
1) Can i register as a resident in Belgium and still hold Tier 2 general visa in UK? (my job doesn't care, they want me to work for them indefinitely provided i can manage 9am-5pm). I plan to leave for Belgium every Friday and return Tuesday morning (Mondays i work from home). This would allow me to be within my residency requirement for my ILR UK application in July 2017. This brings me to my next question. :cry:
Two different countries, two different sets of immigration laws completely unrelated. You need to be resident in the UK to obtain (and maintain) ILR.
2) Will my registration in Belgium work against me getting an ILR in UK? Will UK see my residency in Belgium as an intention to not be a resident in UK? :?:
Possibly, but probably not. You need to qualify for ILR and meet the requirements.
3) Is there any law between Uk and Belgium which could allow me to be resident in Belgium and also get ILR in UK? :idea:
Two different countries, two different sets of immigration laws completely unrelated. You need to be resident in the UK to obtain (and maintain) ILR.

If you aim to apply for British citizenship in the future, your 'future intentions' could be an issue if you are 'half residing' in another country.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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