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Absences for spouse ILR - Working outside the UK

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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mdb
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Absences for spouse ILR - Working outside the UK

Post by mdb » Wed Aug 18, 2021 1:09 am

Hi all,

I will really appreciate your feedback.

I am married to a British national and we have 3 kids together. I am currently in the UK on a spouse visa with my family, and I will be extending my stay for another 2.5 years in the coming month.

I have a job offer in Dublin which I intend to start after my spouse visa extension. I plan on working in Dublin for 2 weeks and in the UK for 1 week with my family, and I will like to know how this will impact my ILR application since there is no specific time duration of time to spend in the UK for the spouse visa ILR application.

To meet the financial requirement for the ILR I intend on using cash savings of £40,500 as stipulated in Appendix FM.

Thanks in advance.

secret.simon
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Re: Absences for spouse ILR - Working outside the UK

Post by secret.simon » Wed Aug 18, 2021 7:46 am

For a start, keep in mind that you will need a separate visa to work in Dublin. UK visas may allow you to travel within the Common Travel Area, but not necessarily work outside the UK.

Secondly, keep in mind that while absences from the UK may not count for the purposes of spousal visa renewal and ILR, it will have a huge impact on any future naturalisaton application.

Naturalisation applications have different, stricter absence requirements and a physical presence requirement that you need to be physically in the UK exactly three years before the date of the application (if you apply as the spouse of a British citizen). So, it is possible that extensive absences now may majorly hinder a naturalisation application three years down the line.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

mdb
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Re: Absences for spouse ILR - Working outside the UK

Post by mdb » Wed Aug 18, 2021 10:14 am

secret.simon wrote:
Wed Aug 18, 2021 7:46 am
For a start, keep in mind that you will need a separate visa to work in Dublin. UK visas may allow you to travel within the Common Travel Area, but not necessarily work outside the UK.

Secondly, keep in mind that while absences from the UK may not count for the purposes of spousal visa renewal and ILR, it will have a huge impact on any future naturalisaton application.

Naturalisation applications have different, stricter absence requirements and a physical presence requirement that you need to be physically in the UK exactly three years before the date of the application (if you apply as the spouse of a British citizen). So, it is possible that extensive absences now may majorly hinder a naturalisation application three years down the line.
Hi,

Thanks for your response.

Yes, the company I will be working for is filing for the necessary employment permit and visa to work in Dublin.

I'm only concerned with the ILR for now, I intend to get a redeployment back to UK in the nearest future and I will consider the naturalisation then.

Thanks.

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zimba
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Re: Absences for spouse ILR - Working outside the UK

Post by zimba » Wed Aug 18, 2021 12:03 pm

I would like to add that the rules for travel in Common Travel Area ONLY apply to Irish and British citizens. Visa nationals must not cross the border into the Republic of Ireland or Britain unless they hold valid visas or required permits.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mdb
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Re: Absences for spouse ILR - Working outside the UK

Post by mdb » Wed Aug 18, 2021 4:29 pm

On the ILR online application, there are some confusions in the Details of your time spent outside the UK section:

Since you started living in the UK have you spent time outside the UK?Do not include holidays of 2 weeks or less. Include any periods of time you have spent on the Isle of Man, Jersey or Guernsey.

What should be the answer if I have spent numerous time outside the UK but each trip is 2weeks or less

If I click yes, the next question is

Where did you spend time outside the UK for more than 2 weeks?

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