ILR queries

Hi,

I have few queries regarding ILR. We would be applying for ILR after completion of 5 years on Tier2 General visa.
1. Can we apply on the date that we complete 5 years on Tier 2 Visa as per the BRP or on the date of 5 year completion of job of the main applicant? As we got BRP 2 weeks earlier than my husband officially joined his job.

2. If we leave UK after ILR and want to return after a year or so to settle and apply for citizenship, I am not clear what is the time limit. Is it that we have to return within two years of ILR?

3. If we have ILR but are not permanently residing in the UK, can we visit the UK on ILR or do we need separate visit visa?

4. If we visit UK during the two years of ILR and spend some time (up to a month), does that change our ILR 2 year countdown or not? How is the two year limit calculated?

5. If a person leaves the job from whom he/she got letter at the time of ILR, does the sponsor/employer need to inform the Home Office that this person is no longer working for them or not (like they are bound to inform about Tier 2 workers)?

6. Being on ILR but not permanently residing in the UK (residing in Asia), can a person take up part time work for UK based employers e.g. 0.2 FTE/ 0.4 FTE? Does the UK employer need to inform the Home Office about it and is having a valid ILR a requirement for that or not?

Any guidance on these issues will be very much appreciated.

Thanks a lot!

1. You can apply no sooner than within 28 days before the 5th anniversary of the date of the initial visa start date.

2. If you leave the UK for 2 or more years, your ILR lapses. Note that citizenship has specific absence requirements.

3. Short visits do not necessarily maintain your ILR status. It can be revoked on arrival if the IO sees you are only visiting and not 'settled'. Applying for a visitor visa outside the UK will cancel your ILR.

4. Not necessarily. ILR is only indefinite if you are settled in the UK, ie living, working, etc.

5. If a Tier 2 visa, yes, the sponsor updates the SMS system that ILR was granted to the sponsor worker and if you leave, HMRC is updated as a P45 will be issued.

6. A person on ILR is free to work. Employers do not inform HO if they employ an ILR holder.

Thanks a lot for your prompt reply.

1. Just to clarify the 5th year anniversary is based on the date of BRP and not the job start? Sine BRP was 19th May but job was first week of June. So can we apply on 19th May?

5. So if we have ILR (obtained through Tier 2 General route) and leave the country, the employer needs to inform the HO that the worker has left their job?

So if a person leaves UK and spends less than 2 years out of UK and then decides to come back and apply for citizenship, what are the possibilities and requirements?

Many Thanks,
S

. Just to clarify the 5th year anniversary is based on the date of BRP and not the job start? Sine BRP was 19th May but job was first week of June. So can we apply on 19th May?

Correct, visa start date.

5. So if we have ILR (obtained through Tier 2 General route) and leave the country, the employer needs to inform the HO that the worker has left their job?

The employer updates the system that ILR is granted. There is no requirement to remain employed by the sponsor once the migrant has ILR and once ILR is held, there is no requirement for the sponsor to inform HO that the migrant has left their job as the migrant is no longer a sponsored employee.

So if a person leaves UK and spends less than 2 years out of UK and then decides to come back and apply for citizenship, what are the possibilities and requirements?

For citizenship, you need to meet the 450 days in 5 years absence and the 90 days absence in the 12 months immediately preceding date of application.

Thank you very much for all these responses. They are very useful.
Sorry to bother with one further clarification, so a family on ILR if returning within 2 years (after they left UK), what kind of proof is required that they are now returning to be settled and not visitors? Will job offer/ employment letter be enough? Or any other proof is required?

Because I saw some posts saying that ILR person returning to UK could be denied entry by the Immigration Officer. Can you please shed some light on this? Any good or bad experiences in this regard?

Many Thanks!