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ILR for PBS Dependant to BC (potential move abroad)

Posted: Tue Nov 16, 2021 10:05 pm
by sambha
Hi, I could gather much useful information from the threads on this forum but my case seems to be quite unique and hence posting it separately:

I am a naturalised BC and my spouse is just coming up to the 4 years mark on PBS dependant T2 G visa category.

I am evaluating a temporary job assignment abroad (starting in 2 months) for a few years but understand that it can impact (or even jeopardize) my wife's current route to attaining an ILR. Hence, looking for clarity on few specific things towards ultimately a go/no-go decision on that job assignment.

Firstly, to confirm :
A) She will be able to apply for ILR from +5yrs to the visa issue date (01 Jan 2018), and not entry date to UK (+2 wks anyway)?
B) She will be eligible to apply for Naturalisation straight after attaining ILR being a wife of a BC (I gained citizenship this year). She would have been in the UK exactly on the same date -5yrs from target Naturalisation application date, and will also satisfy the past 3 yr requirements.

Taking up the assignment abroad, i will be working for a company registered in UK as well as abroad. My payroll will be UK and in the foreign entity at the same time (commission and tax purposes). I will be frequently travelling between UK and the foreign country. I will have a 2-yr short term residence visa to that country for ease of travel.
If i go for it, obviously, we both will not be able to cohabit for the complete next 12 months but some hybrid arrangement where we both travel and she does not exceed 90 days outside of UK in next 12-14 months (to meet Naturalisation requirement)

1) How important is permanent cohabitation towards the PBS dependent ILR? My wife is in part time employment. I will continue to pay my taxes, rent and bills in the UK along with my spouse.
2) We do intend to live in the UK permanently beyond this temporary assignment abroad. How could this potential assignment of mine be seen discouraging to the case worker evaluating my wife's future ILR application?
3) Is cohabitation a requirement for Naturalisation as well?
4) is there an expedited mode (extra £) for naturalisation, just like there is for ILR?
5) Would she be able to travel between Naturalisation application and the ceremony?
6) Perhaps a tangent to the topic, but what (if any) are the difference in long-term rights of a child born in UK (British by birth and born to a British parent) vs child born outside UK (British as born to a British parent)?

Many Thanks in advance.

Re: ILR for PBS Dependant to BC (potential move abroad)

Posted: Wed Nov 17, 2021 3:25 pm
by zimba
ILR and naturalisation are NOT related processes. They are governed by separate legislation and law. Naturalisation has its own requirements. There is no limit on cohabitation or travel as it is not an immigration application. Naturalisation is not a priority process at all. It will take as long as it takes. Being granted citizenship is fully at the discretion of the home office. There are no guarantees of process or service.

I do not see your arrangement having an ill effect on your spouse's ILR.

Regarding question 6: Under UK nationality rules, British citizens are classed as either having British ‘citizenship by descent’ or ‘British citizenship otherwise than by descent’. If your child is born outside the UK, such a child will get citizenship by descent. This means that such a child -later in life- cannot normally pass on British citizenship to a child of their own that is born overseas.

Re: ILR for PBS Dependant to BC (potential move abroad)

Posted: Sun Nov 21, 2021 7:17 pm
by sambha
Many thanks @Zimba

Could you please also comment on the "points to confirm" that I posted (mid-way) on my original post?

This employment situation for me is evolving and there are a few updates:

The move is for my current employer (registered in UK and the foreign country). However, it seems that my payroll in the UK would have to end while I am on the international assignment, and it will be a staff position of the foreign entity, being paid locally there. I suppose that means I will no longer be liable to pay taxes in the UK.

Considering this as a more likely scenario, what impact would it make to my wife's ILR (eligible in 12 months).
I suppose she can continue to stay and work here if she wants till her T2 G PBS dependant visa expires, but can she still go ahead with the ILR application?

Re: ILR for PBS Dependant to BC (potential move abroad)

Posted: Mon Nov 22, 2021 9:37 am
by zimba
I confirm both. Your job has not effect on her ILR as I repeated above