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Immigrating to USA on ILR

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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rthaker
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Joined: Mon Jul 06, 2015 1:06 am

Immigrating to USA on ILR

Post by rthaker » Mon Jul 06, 2015 1:40 am

Apologies if this is not correct forum. I have couple of questions about my move from UK to USA. I have ILR since last year and Indian passport. I moved to USA last month and started working here full time because my wife begin to work here since Jan 2015. We have long term plans of coming back to the UK and settle there permanently. My question is:

What do I need to do to keep my ILR viable? I still have UK bank accounts but I don't have any property, and I plan to pay NI. Do I need to inform HMRC about my move? Is there any other step I shall take to make sure I have no problems coming back to UK. We plan to stay here in USA for at least 2 years. Just to clarify that only I have ILR, my wife and kid have only Indian passports, because they did not stayed long enough in UK to qualify for ILR.

Thanks.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Immigrating to USA on ILR

Post by vinny » Mon Jul 06, 2015 3:22 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Immigrating to USA on ILR

Post by secret.simon » Mon Jul 06, 2015 7:11 am

If you are in a position to return, you may want to consider returning and applying for naturalisation.

ILR is invalidated if the Immigration Officer at the airport gets the impression that you are no longer settled in the UK; typically that happens if you have been out of the country for more than two years.

After British citizenship is acquired, you can stay out of the country for as long as you like, so long as you intend to return. Also, as your wife is on ILR, once you get British citizenship, your children stand a better chance of being registered as British citizens as well.

rthaker
Newly Registered
Posts: 12
Joined: Mon Jul 06, 2015 1:06 am

Re: Immigrating to USA on ILR

Post by rthaker » Tue Jul 07, 2015 1:58 am

Thanks for the information. Unfortunately, I am not in a position to return to UK any sooner, I just started a new Job in USA. The only thing I find problem in my case will be family ties/property with UK, which I have none.
Does this mean that even before two years have lapsed I cannot visit UK? I plan to visit next March (which will be 10 months away).

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Immigrating to USA on ILR

Post by secret.simon » Tue Jul 07, 2015 6:59 am

See Vinny's link above about returning residents. That contains a lot of information for people in your situation.

Broadly, you can return as often as you like within two years. However, the Immigration Officer at the border may question you about whether you are resident in the UK or not based on the stamps in your passport. He has the authority to revoke or limit your ILR based on his findings. So, it would be best to carry any proof you have of your UK residence with you.

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