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Education outside the UK after ILR

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MayILR
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Education outside the UK after ILR

Post by MayILR » Mon Jun 13, 2011 9:27 am

Hi,

I just got my ILR (I have been working in the UK since June 2006). This September I am planning to go to out of the UK for 10-month educational program. I plan to return back to work in the UK after this program.

Could someone please help answering the following:

- During the program, I will visit the UK for job interviews: Will I need a visitors' visa? or will an ILR be enough? Because, I am not sure if a visit for an interview is counted as "you are returning to live here permanently" (you haven't got the job yet!) as mentioned in the returning residents requirement. BTW, my Tier 1 was to expire in Dec 2012 - and I could have returned to the UK for interviews on that - but ILR returning resident seeks the "permanent" requirement. I know, it would sound bizarre that one could enter on Tier-1 and not on ILR. But just a doubt.

- When I return back to the UK to resume my career, do I have to wait for another 5 years or 12 months to apply for the British Citizenship? Asking this because the Residential Requirement mentions the applicant must have "been present in the UK five years before the date of your application".

Many thank in advance for your inputs.

nax_72
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Post by nax_72 » Mon Jun 13, 2011 9:42 am

You can always return for your interview using your ILR if the absence gap is not more than 2 years. Usually when you enter UK with visa the UK officer will ask you how long you are going to stay. In contrast if you enter with ILR you will be asked how long you been away from the UK to ensure your absence is not more than 2 years. Having said this, it is not advisable to use your ILR once in 2 years just to visit for few days. You need to make UK as your permanent residence that is what ILR is meant for.

After you finish your 10 months educational programme outside UK you can come back and start looking for the time when you meet the residential qualification period to apply for the naturalization. It need to be another 5 years from the day you return. It has to be a day when you total absence is not more than 450 days during the last five years, total absence is not more than 90 days during the last one year and you should have physically present in the UK on the day of application received by the UKBA.

MayILR
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Post by MayILR » Mon Jun 13, 2011 11:36 am

nax_72 wrote:You can always return for your interview using your ILR if the absence gap is not more than 2 years. Usually when you enter UK with visa the UK officer will ask you how long you are going to stay. In contrast if you enter with ILR you will be asked how long you been away from the UK to ensure your absence is not more than 2 years. Having said this, it is not advisable to use your ILR once in 2 years just to visit for few days. You need to make UK as your permanent residence that is what ILR is meant for.

After you finish your 10 months educational programme outside UK you can come back and start looking for the time when you meet the residential qualification period to apply for the naturalization. It need to be another 5 years from the day you return. It has to be a day when you total absence is not more than 450 days during the last five years, total absence is not more than 90 days during the last one year and you should have physically present in the UK on the day of application received by the UKBA.
Many thanks!

luky-marina
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Re: Education outside the UK after ILR

Post by luky-marina » Mon Jun 13, 2011 5:21 pm

MayILR wrote:Hi,

I just got my ILR (I have been working in the UK since June 2006). This September I am planning to go to out of the UK for 10-month educational program. I plan to return back to work in the UK after this program.
I would not leave the UK , at least for not longer than 90 days, before I apply for naturalisation if I were you, because in the next 12 months you could qualify for British Passport providing you didn't spent outside the UK more than 450 days during past 5 years http://www.ukba.homeoffice.gov.uk/briti ... uirements/.

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