ILR - Moving abroad - UK Residence void?

[sid008]

Hi Folks
(Take 2 as first post disappeared ...)

I am hoping the experts on here can provide some direction. I have searched the forums and found limited info.

I am a UK ILR. My Naturalisation app is in progress (has been for 15 months ...) and I hope it will come through soon!

I work with a UK based firm, and in the process of moving to Singapore to work for them there for up to 2 years. My obvious question, does this put my ILR at risk? I intend to visit the UK as frequently as financially possible - and stay up to a month.

In terms of ties, I have property and investments in the UK.

How do you advise I approach this? I absolutely do not want to lose my ILR, UK is my home and I intend to return permanently within or after 2 years.

Thanks,
Sid

[vinny]

If you return within two years for the purpose of settlement, then you should be okay. Don't let them admit you as a visitor.

[sid008]

If you return within two years for the purpose of settlement, then you should be okay. Don't let them admit you as a visitor.

Thanks!

And the off chance that this goes beyond two years? to three or even four?

Side question: If I am abroad and my naturalisation application in process. Does me being abroad affect the outcome?

Thanks.

[vinny]

If away for more than two years, then you may have problems.

For naturalisation, they expect you to satisfy the future intentions requirement and you should attend the ceremony in the UK, unless you are the spouse or civil partner of a British citizen.

[secret.simon]

ILR confers "settled status". It is interpreted as meaning that the "center of your life" is in the UK (I am borrowing language from the EEA regulations and the Surinder Singh route, but it explains the idea quite well).

If you were to be absent for a significant period of time (interpreted as two years) or if the IO at the airport gets the impression that you are not settled in the UK, your ILR can be cancelled at the airport itself. There was a case on these forums where the ILR was cancelled and the person was issued a visit visa in lieu, thus wiping out the ILR status.

To regain your ILR status if lost, you would have to start from scratch, going through the five years work or spousal route.

I intend to visit the UK as frequently as financially possible - and stay up to a month.

Short visits may not keep the ILR valid. Wih ILR, you are meant to be residing in the UK, not coming for visits a month long.

My Naturalisation app is in progress (has been for 15 months ...)

I am sorry, but 15 months!!! Have you chased it up? I would make that my top priority. Once you get naturalisation, there is no time limit on staying outside the UK.

Have you followed it up with your MP? Your local MP can (s/he does not have to) prod the Home Office after six months and you are well past that time frame.

Are you sure that they didn't send you a letter advising you to contact the council and that you may have overlooked the letter? In some cases, the council sends the letter and you may have put it aside thinking it is something about council tax or something.

There is a timeframe by which you must respond to the council. If your approval was not responded to within 21 days, be aware that you will have to fill another naturalisation application and pay the fees again.

[sid008]

ILR confers "settled status". It is interpreted as meaning that the "center of your life" is in the UK (I am borrowing language from the EEA regulations and the Surinder Singh route, but it explains the idea quite well).

If you were to be absent for a significant period of time (interpreted as two years) or if the IO at the airport gets the impression that you are not settled in the UK, your ILR can be cancelled at the airport itself. There was a case on these forums where the ILR was cancelled and the person was issued a visit visa in lieu, thus wiping out the ILR status.

To regain your ILR status if lost, you would have to start from scratch, going through the five years work or spousal route.

I intend to visit the UK as frequently as financially possible - and stay up to a month.

Short visits may not keep the ILR valid. Wih ILR, you are meant to be residing in the UK, not coming for visits a month long.

My Naturalisation app is in progress (has been for 15 months ...)

I am sorry, but 15 months!!! Have you chased it up? I would make that my top priority. Once you get naturalisation, there is no time limit on staying outside the UK.

Have you followed it up with your MP? Your local MP can (s/he does not have to) prod the Home Office after six months and you are well past that time frame.

Are you sure that they didn't send you a letter advising you to contact the council and that you may have overlooked the letter? In some cases, the council sends the letter and you may have put it aside thinking it is something about council tax or something.

There is a timeframe by which you must respond to the council. If your approval was not responded to within 21 days, be aware that you will have to fill another naturalisation application and pay the fees again.

Thank you for your comprehensive reply!!

On my Naturalisation, I actually applied through a solicitor ... in hind sight perhaps should have gone via local council! My solicitor chased after 6 months and was given a very generic response. I called up the HO a week ago and they said it is still in progress, which means it has not reached a case worker yet. I am being careful how much I chase. I was told by the person I spoke to there is actually no ETA once the first 6 months have passed. There is also no way to estimate how much longer it will take ... *sigh*

[Casa]

As secret.simon has advised, ask your MP to intervene on your behalf. This often gets results.

[sid008]

As secret.simon has advised, ask your MP to intervene on your behalf. This often gets results.

Email sent, let's see what the MP comes back with.

Interestingly enough, wrote to my MP on Friday early morning and received a letter in post on Saturday morning from "House of Commons". I am travelling so now sure what it says, I would be surprised if they were so quick writing to me. It may be something completely different and unimportant. Will find out later this week ...

[secret.simon]

Assuming that you provided sufficient information for the MP to pursue the case (name, address, HO Ref No, dates of application, a brief immigration history, etc), his office should be able to chase it up with the Home Office.

The letter to you likely is an acknowledgement that your correspondence was received.

[sid008]

Assuming that you provided sufficient information for the MP to pursue the case (name, address, HO Ref No, dates of application, a brief immigration history, etc), his office should be able to chase it up with the Home Office.

The letter to you likely is an acknowledgement that your correspondence was received.

Hopefully I have provided sufficient info ... Here is what I sent, redacted/edited as appropriate.

===============================
Background:
I applied for my British Naturalisation in August 2014, case reference 0000000. I received confirmation of payment processing from the HO on 18 August, 2014. It has been 15 months and I am yet to receive a decision on my application.

I applied through a Solicitor and not the Council, which in hindsight perhaps was not the best approach. However, I have followed up with the Naturalisation team every six months since, to be told it is still in progress.

I would really appreciate some guidance as to the best possible approach. My contact details are as follows:

Name: Bob
Application Type: British Naturalisation – Reference 00000000
Address:
Phone:
===============================

[FaeLLe]

I would suggest putting your Singapore movement options on hold or risk your Naturalisation and ILR.
To give you british citizenship "you" need to give them every intent to believe you will live here forever with the country as your new home.

[sid008]

I would suggest putting your Singapore movement options on hold or risk your Naturalisation and ILR.
To give you british citizenship "you" need to give them every intent to believe you will live here forever with the country as your new home.

Ok my panic levels are skyrocketing now .... I will need to get this sorted with my employer asap! (they have just spent a huge amount of quidz getting me abroad!!)

[FaeLLe]

I would suggest putting your Singapore movement options on hold or risk your Naturalisation and ILR.
To give you british citizenship "you" need to give them every intent to believe you will live here forever with the country as your new home.

Ok my panic levels are skyrocketing now .... I will need to get this sorted with my employer asap! (they have just spent a huge amount of quidz getting me abroad!!)

Unfortunately that is a common issue.
If you cannot work out terms with your employer then you need to decide what is more important, the British citizenship which you have worked hard for or a career opportunity.

You can always move to Singapore (they love skilled expats) but your chance to hold a red passport is a lifetime thing.

[sid008]

Thought I would post a quick update here.

And the update is .... nothing!

Wrote to the MP, hey (they) wrote me back saying a letter had be sent to the HO, that was a month ago. I have since followed up with them again. I put a call into the Naturalisation team as well, they gave me an address to write to as any other means would not get me any response - and the written letter would give me a standard reply

The wait continues ... 17 months and counting

[Sorry for the edit]
P.S Will likely have to end my employment with my current firm so I can move back to the UK. Risk I am willing to take at this stage tbh.