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ILR and Citizenship

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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nao
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Posts: 32
Joined: Thu Feb 25, 2010 8:06 am
Location: London

ILR and Citizenship

Post by nao » Thu Feb 25, 2010 8:19 am

Hi
I am in the UK for 6years with ILR.
I was granted because my wife was an english (unfortunately we divorced)
I have a job offer in France which I might want to try,

N
Last edited by nao on Thu Mar 11, 2010 1:34 pm, edited 2 times in total.

kamalin10
Member
Posts: 147
Joined: Fri Jan 08, 2010 5:25 pm

Re: ILR and Citizenship

Post by kamalin10 » Thu Feb 25, 2010 12:47 pm

nao wrote:I might have a problem?
i think you already have a problem as you are no longer married to a "reason" for you to live here. you can't apply for ILR extention nor for naturalisation.

maybe someone got better idea on your situation

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Re: ILR and Citizenship

Post by mochyn » Thu Feb 25, 2010 1:44 pm

kamalin10 wrote:
nao wrote:I might have a problem?
i think you already have a problem as you are no longer married to a "reason" for you to live here. you can't apply for ILR extention nor for naturalisation.

maybe someone got better idea on your situation
How do you get extension of ILR?

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: ILR and Citizenship

Post by geriatrix » Thu Feb 25, 2010 1:57 pm

kamalin10 wrote:
nao wrote:I might have a problem?
i think you already have a problem as you are no longer married to a "reason" for you to live here. you can't apply for ILR extention nor for naturalisation.

maybe someone got better idea on your situation
Kamalin10, don't confuse people.

Unless the ILR was obtained using deception (on basis of marriage which did not exist at the time of application), having divorced a British Citizen partner after settlement has no affect on the validity of ILR.

As for naturalisation, the OP will become eligible to apply for naturalisation after 5 years of legal stay in the UK (standard residential requirement) instead of 3 years (residential requirement for spouses/unmarried partenrs/civil partners).

There is no concept of what you term as "extention of ILR".

regards
Last edited by geriatrix on Thu Feb 25, 2010 2:40 pm, edited 1 time in total.

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: ILR and Citizenship

Post by geriatrix » Thu Feb 25, 2010 2:21 pm

nao wrote:I have a job offer in France which I might want to try,
BUT
If I wanted to come back to the UK (say a year later, 2years later or even short visit time to time, will it be possible to keep ILR as it is?
or at the immigration point, I might have a problem? .........

Anyway I want to know what will happen to my ILR once I start work in france.(basically I dont want to lost this visa)
As a settled person (ILR), the maximum time you can live outside UK (continuously) is 2 years. You must return to UK within 2 years to settle (back in the UK) for your ILR to be valid (continuing). See Returning residents

If you spend more than 2 years abroad, your ILR will become invalid and you will be denied entry into the UK as a returning resident unless you can prove that you have close ties with the UK. To enter UK, you will need to apply for EC just any other visa national (ILR no longer valid, back to square 1). For detailed information read IDI > Chapter 1 > Section 3: Returning residents.

IMHO, you have two choices:
1. If you can, defer joining the job in France till such time that you become a British Citizen and a British passport is issued to you.
2. Work in France on a fixed-term contract of <2 years, and return to UK before the 2 year limit expires.

regards

dajumper
Junior Member
Posts: 76
Joined: Tue Dec 20, 2005 4:08 pm
Location: London

Post by dajumper » Fri Feb 26, 2010 12:02 am

Gosh.... so the "Indefinite" in ILR isn't really indefinite?

Say if a person with ILR returns to the UK for a few days every 2 years, will that maintain their ILR status?

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Fri Feb 26, 2010 1:37 am

dajumper wrote:Gosh.... so the "Indefinite" in ILR isn't really indefinite?
It is, provided you stay in UK. If you want to live abroad and have the freedom to come back to UK for "short" trips (or no trips at all), wait until you naturalise and become a British passport holder.
dajumper wrote:Say if a person with ILR returns to the UK for a few days every 2 years, will that maintain their ILR status?
Read through the information / documents linked above, and you'll know.

regards

kamalin10
Member
Posts: 147
Joined: Fri Jan 08, 2010 5:25 pm

Re: ILR and Citizenship

Post by kamalin10 » Fri Feb 26, 2010 12:30 pm

firstly i do not confuse anyone - i express my opinion
sushdmehta wrote:
There is no concept of what you term as "extention of ILR".
secondly, ILR is given for 5? 10? 15 years? what happens after that? applying for another ILR - is it not an extention?

kiwigirl25
Member of Standing
Posts: 310
Joined: Fri Feb 05, 2010 10:46 pm

Re: ILR and Citizenship

Post by kiwigirl25 » Fri Feb 26, 2010 12:40 pm

kamalin10 wrote:firstly i do not confuse anyone - i express my opinion
sushdmehta wrote:
There is no concept of what you term as "extention of ILR".
secondly, ILR is given for 5? 10? 15 years? what happens after that? applying for another ILR - is it not an extention?
ILR is indefinite as long as you comply with the conditions (i.e. the 2 year absense rule) and don't break the law.

kamalin10
Member
Posts: 147
Joined: Fri Jan 08, 2010 5:25 pm

Re: ILR and Citizenship

Post by kamalin10 » Fri Feb 26, 2010 2:21 pm

kiwigirl25 wrote:
ILR is indefinite as long as you comply with the conditions (i.e. the 2 year absense rule) and don't break the law.
there's no date of issue and expiry on vignette?

djb123
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Joined: Mon Feb 18, 2008 9:33 pm

Re: ILR and Citizenship

Post by djb123 » Sat Feb 27, 2010 5:51 pm

kamalin10 wrote:
kiwigirl25 wrote:
ILR is indefinite as long as you comply with the conditions (i.e. the 2 year absense rule) and don't break the law.
there's no date of issue and expiry on vignette?
There is no expiry date.

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