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Indefinite leave to remain - Can I move to France?

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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Meesta
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Indefinite leave to remain - Can I move to France?

Post by Meesta » Fri Mar 07, 2014 4:25 pm

I have Indefinite Leave to Remain (just granted a month ago), and my husband (UK citizen) wants to move the France four our business.
Is this possible for me to do with my Indefinite Leave to Remain? Do I have to return to the UK after so many days? Or can I move to France without having to worry about my Indefinite Leave to Remain being cancelled?
Thanks for the advice.

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Re: Indefinite leave to remain - Can I move to France?

Post by CR001 » Fri Mar 07, 2014 4:47 pm

You lose ILR if you are out of the UK for 2 years and not being resident in the UK will have an effect on a British citizen application.

How long have you been resident in the UK??
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Re: Indefinite leave to remain - Can I move to France?

Post by Meesta » Fri Mar 07, 2014 5:16 pm

HI, thanks for the reply. I have been in the UK for almost 4 years total. Married for 2 and a half years. And had ILR for a month now. Can I apply for UK citizenship yet? Or how long would I need to wait?

Also, if we move to France, and I still come back to the UK for business and to see family, does that matter, ie. does it make the 2 years null and void?

Thanks again for the advice.

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Re: Indefinite leave to remain - Can I move to France?

Post by Casa » Fri Mar 07, 2014 5:25 pm

Brief visits to the UK won't enable you to retain your ILR status. However, as you've been legally resident in the UK for more than 3 years and are married to a British Citizen, you can apply for British Citizenship now.
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Re: Indefinite leave to remain - Can I move to France?

Post by CR001 » Fri Mar 07, 2014 6:01 pm

As Casa has advised, you can apply now for naturalisation as spouse of British Citizen based on 3 years residence. This would be the most sensible way to go as you would then be free to travel between France and the UK without worrying about your ILR status.
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Re: Indefinite leave to remain - Can I move to France?

Post by Meesta » Sat Mar 08, 2014 7:52 am

Thank you both for your replies. You've been very helpful.
I have a few more tricky questions, which might not be tricky at all. :-)

The 3 years that I need to be resident, is that 3 years from when I got my fiancé visa, or from when I got my spouse visa, or from when I entered the UK as a tourist first?
I entered as a tourist first for 9 months to be with my fiancé at the time. Then left to apply for a fiancé visa to come back. Then we got married and I was issued a spouse visa.
So in essence, when does the 3 year period apply from?

Also, do I have to be IN the UK to apply for citizenship? Lets say we move to France, can I apply from there? Or do I need to be resident in the UK for the entire time of processing?

Lastly, do I need to send in my foreign passport to apply for UK citizenship? Or can I still travel during this period? We have a business and travel quite a lot, so will need to plan accordingly if I need to send in my foreign passport.

Thanks again, and apologies for all the questions.

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Re: Indefinite leave to remain - Can I move to France?

Post by Meesta » Sat Mar 08, 2014 7:56 am

Sorry, one last question.
Can I apply from France for UK citizenship?

Just trying to weigh up all my options.

Thanks again.

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Re: Indefinite leave to remain - Can I move to France?

Post by CR001 » Sat Mar 08, 2014 9:26 am

You need to apply for citizenship from the UK. You can use the Nationality Checking Service (NCS) at the Council and you will then get to keep your original documents. You need to submit your passports, both yours and your spouse, marriage certificate, LIUK, BRP, English Language level B1 test cetificate.

Once you have submitted your application if you use NCS, you are free to travel but you will need to keep an eye on your post for any mail from UKBA as there are timelines within which you need to do certain things.

The 3 years residency is calculated backwards from the date the UKBA receives your application. For example, if they receive your application on 1 April 2014, the qualifying period started on 1 April 2011. You also need to make absolutely sure that you were physically present in the UK exactly 3 years before, to the date, that UKBA receives your application as this is grounds for refusal.

Any legal stay counts towards residence.

You also need to make sure that you are within the absence limits in order to apply. As a spouse of BC, it is no more than 270 days absence in the 3 years qualifying period and no more than 90 days absence in the 12 months prior to date of application.

It would also be wise not to mention that you are planning to move to France if you apply for naturalisation.

Have a look at the FAQs link below :

http://www.immigrationboards.com/britis ... 95747.html
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Re: Indefinite leave to remain - Can I move to France?

Post by vinny » Sat Mar 08, 2014 9:50 am

You may apply from France, if you also satisfy all the requirements (Naturalisation as a British citizen under section 6(2)). The future intentions requirement (1(1)(d)) is not applicable for the spouse/civil partner of a British citizen.
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