ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR questions - please help!

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

Locked
nzchick
Newly Registered
Posts: 3
Joined: Wed Dec 01, 2010 5:50 pm
Location: London

ILR questions - please help!

Post by nzchick » Wed Dec 01, 2010 6:03 pm

Hi there,

I am a nz citizen married to a uk citizen. I will have been in the UK on an entry clearance visa (spouse) for the appropriate 2 years on 8 June 2011 so will be eligible for ILR. The only thing is that my husband has had a job offer in NZ and we may want to move there for a year or so. I am wondering if i should still apply for ILR in June (get the on the day service) so that we will have the freedom to come back and forth (as we are both free-lance workers so would love to come back for 2 to 3 months a year anyway even if we did decide to be in NZ for longer). If i dont apply for ILR i have no idea how i can come back with my husband (as we will want to) other than just on a visitor visa, but that will not entitle me to work which I will want to do. If I go for the ILR what are the conditions on the UKBA revoking this? I read something about "if you are away for 2 years your ILR may be revoked" but with family and work ties we would always be back for at least a couple of months a year. Can they still revoke this and how would they know at the border that it is not where I live all the time? Or is it worth just getting the visa for the 2 years even if it gets revoked? So confused! There doesnt seem to be much information out there about the conditions of ILR once you have it (obviously i wouldnt be able to apply for a british passport as I would need to be in Uk for a whole year with no more than 90 days outside). I just want to be able to freely come and go from the UK with my husband and not have to apply for a visa every time. If you have any advice i would appreciate it heaps! many thanks x :?

vinny
Moderator
Posts: 32799
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Wed Dec 01, 2010 6:12 pm

ILR may be worth getting in case the job offer falls through. However, an ILR holder will be subject to the returning residents provisions.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 5:43 pm
Location: London

Post by avjones » Wed Dec 01, 2010 9:28 pm

As a NZ citizen visiting family here, assuming you aren't working etc, you wouldn't need a visa anyway.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

nzchick
Newly Registered
Posts: 3
Joined: Wed Dec 01, 2010 5:50 pm
Location: London

Post by nzchick » Thu Dec 02, 2010 7:28 am

Yes I would be able to come in as a visitor, however I will be wanting to undertake small patches of work, probably no more than two months in a year. Do you think it would be better to just try to apply for a temporary work permit for those times? I will have the work lined up before I come and could get a certificate of acredidation for the employer.
What I am really saying is that is a pain to have to do every time... could I not just get ILR and come in for 2 months a year and work/live etc or after 2 years of doing this would they revoke the ILR as they see that I have only spent 2 months a year here?

nzchick
Newly Registered
Posts: 3
Joined: Wed Dec 01, 2010 5:50 pm
Location: London

Post by nzchick » Thu Dec 02, 2010 7:29 am

That was meant to say certificate of accreditation FROM the employer! (for the visa application)

Locked
cron