I am on ILR got good opportunity abroad?

faislondon · Post by **faislondon** » Wed Jul 24, 2013 5:31 pm

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

Post by **Amber** » Wed Jul 24, 2013 5:33 pm

See returning residents (click).

faislondon · Post by **faislondon** » Wed Jul 24, 2013 5:38 pm

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?

Post by **Amber** » Wed Jul 24, 2013 6:22 pm

Should be ok if you are returning to live here permanently.

huqqapani · Post by **huqqapani** » Wed Jul 24, 2013 6:52 pm

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 ?

faislondon · Post by **faislondon** » Wed Jul 24, 2013 7:06 pm

Hi D4109125,

I wont return to settle here. I will just make short trips to maintain my ILR every year.

Post by **vinny** » Wed Jul 24, 2013 7:32 pm

ILR may be cancelled, if 18(iv) fails.

Post by **CR001** » Wed Jul 24, 2013 7:43 pm

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.

huqqapani · Post by **huqqapani** » Wed Jul 24, 2013 7:44 pm

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 ?

deleted_user · Post by **deleted_user** » Wed Jul 24, 2013 7:56 pm

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).

faislondon · Post by **faislondon** » Wed Jul 24, 2013 7:58 pm

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.

Post by **Amber** » Wed Jul 24, 2013 8:57 pm

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.

faislondon · Post by **faislondon** » Wed Jul 24, 2013 9:10 pm

So its about taking risk and luck at immigration?

faislondon · Post by **faislondon** » Wed Jul 24, 2013 9:12 pm

So its about taking risk and luck at immigration?

Post by **Amber** » Wed Jul 24, 2013 9:13 pm

Perhaps.

faislondon · Post by **faislondon** » Wed Jul 24, 2013 9:46 pm

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.

AndyGandhi · Post by **AndyGandhi** » Thu Jul 25, 2013 8:50 am

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.

Post by **Casa** » Thu Jul 25, 2013 8:58 am

That's correct. Short visits don't count.

AndyGandhi · Post by **AndyGandhi** » Thu Jul 25, 2013 9:33 am

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

faislondon · Post by **faislondon** » Thu Jul 25, 2013 6:29 pm

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.

Post by **Casa** » Fri Jul 26, 2013 12:14 pm

You will need to show that you are resident in the UK...not visiting.

faislondon · Post by **faislondon** » Sat Jul 27, 2013 3:07 pm

2 years rule is rediculous. That means it is easier to get the BC and then move abroad than to keep ILR

Post by **vinny** » Sat Jul 27, 2013 3:21 pm

faislondon wrote:2 years rule is rediculous.

Better than for US Green card holders.

Immigrationboards.com: Immigration, work visa and work permit discussion board

I am on ILR got good opportunity abroad?

I am on ILR got good opportunity abroad?