Job offer abroad after granting ILR

[Soktumbey]

My company in UK offered me a role in Germany which requires me to move abroad.

My wife, child and I granted ILR early October 2019 and my child was born in UK couple of years ago so now she is entitled to become a BC.

What would be the best possible option to move abroad and keep our settlement status here in UK?

[Zerubbabel]

Hello

It depends on your future / long term projects if you are to keep your permanent residence or not.

As a permanent resident, you can be absent up to 2 years. If your family stays in the UK and you come to see them from time to time, your immigration status in the UK is fine.

But:

Imagine you like your job and your life in Germany, then you move your family to Germany... then you will set in motion the conditions that will ultimately lead to the loss of your permanent residence.

While the law allows up to 2 years absence, you cannot visit the UK for let say a weekend every 23 months to reset the counters. Once it appears that you don't live in the UK, you have no ties in the UK and have no plans to live in the future in the UK, they can cancel your residence at the border:

Read page 8:
https://assets.publishing.service.gov.u ... nts-v2.pdf

[Soktumbey]

Thanks for the reply.

As I will be working for the same company, I need to travel to UK at least once in every two months so would that be satisfactory enough that I have ties here in UK?

The problem is, I would like to come back to UK in 2 yrs time. I have a child 2.5 yrs old so if I spend the next two years abroad, I’ll be able to do my dream job there and also will be in a position to do some savings from the nursery.

My intention is to come back to UK and settle here once that 2 yrs period is over.

[Zerubbabel]

You are in the safe side then.

If you come back and forth between UK and Germany then in 2 years time to move back to the UK, that's fine.

[vinny]

Be careful. I think it’s risky to have a job abroad and not expect your ILR to be cancelled on arrival at a British port, if you are not entering for the purpose of settlement. Unless perhaps you can show that your temporary overseas assignment is part of your continued UK employment.

[Soktumbey]

Thanks for the reply.

Is this 2 years allowance. Can that be questioned? Or can you just live abroad regardless?

[Zerubbabel]

Thanks for the reply.

Is this 2 years allowance. Can that be questioned? Or can you just live abroad regardless?

I couldn't find anyone who lost an ILR for an under 2-year absence. However, your residence/work permit on your passport would look awful indeed. It means you are legally residing and paying taxes in another country.

After 2 years of this regime, the risks of cancellation of your ILR will increase significantly.

No one can give you certainties, but after 2 years, the Home Office will have legal grounds to revoke your ILR. They may or may not do it.

[Soktumbey]

Thanks a lot.

Would it make any difference to get a british passport for my daughter? Alternatively, I can move to Germany alone until my wife can apply for citizenship.

Do you think it is the safest way to secure my right to remain?

[vinny]

I couldn't find anyone who lost an ILR for an under 2-year absence.

I know a former ILR holder who lost her ILR under less than a 2 year absence at a British port, after declaring that she had a job outside the UK.

[secret.simon]

Two recent cases where the UKV&I have questioned the residence status of people with ILR, who have not spent more than two years abroad in one go, but who have spent a substantial period of time abroad.

ILR can be revoked by the Immigration Officer at the airport if it is obvious to them that you are no longer resident in the UK, even if you are returning to the UK within two years. That quick chat while they scan your passport and BRP at the airport is not small talk.

My company in UK offered me a role in Germany which requires me to move abroad.

I would suggest asking your company to hold that role for a year until you acquire British citizenship and a British passport (there have also been recent cases where the sincerity of the newly naturalised citizen in meeting the future intentions requirement for naturalisation has been questioned if a newly naturalised citizen applied for their first British passport from abroad).

[Zerubbabel]

I can move to Germany alone until my wife can apply for citizenship.

The more I think about, the more it appears a bad idea

There is this box in the naturalization form:



If you or your wife put "Germany", the application will be refused. They won't give you the British citizenship to make it easier to emigrate to another country.

If you write "United Kingdom" but you leave immediately after getting your British passport, this triggers questions and can open a can of worms.

Realistically, if you have a good job in Germany and want to go there long term, you can just move to Germany and start there from scratch. You will still the option of the return visa if you want to come back one day.

[mansoorali]

I m on ILR and just came back with just 2 weeks of holidays and immigration officer ask what I am doing in the UK and how long I stay outside of the UK and then scan the passport. same they ask from family.