Time allowed out when on ILR - Planning to move to Aussie

[lancebotha]

Hi All,

Come January 2009, I would have been in the UK for a total period of 7 years (2 years on a Working Holiday visa and another 5 Years on a Working Visa). I am hoping to apply for ILR status in January, to allow me the freedom to work for other employers and move around in the UK a bit more.

However, I’m in a bit of a predicament, because I’m also hoping to immigrate to Australia at the end of 2009 or very early 2010. I plan on living their for the foreseeable future, but for reasons such as friends/family living in the UK and extra job security, I don't want to lose the status of ILR.

Would a simple holiday back to the UK every 2 years maintain my ILR status, or should I be looking to stay for an extra year before applying for Naturalisation? Or any other ideas?

Many thanks

[dnicky]

It will be better in my opinion to wait an extra year after you get ILR and gain British passport; the reason being immigration rules in general as well as checks at airports are getting tougher by each passing day.

Technically you can maintain ILR status by visiting UK every 2 years (as of now), but with the tough stance UKBA is adapting to, it won't be long before you end up in trouble with your short visits every 2 years with the sole intention of retaining your ILR status.

[UKBAbble]

People who have moved to another country often have their ILE/ILR cancelled. The current rules and policy allows IOs to do that.

[Siggi]

Lance, I understand your predicament and agree with the others, it would be better to hang around for the extra year and apply for Nat.

Currently the law states, if you are out the country for two or more years you lose your ILR.
So in theory you could just pop back into the country every year, but IO would cotton onto this game and remove your ILR status.

So play it safe and do your time.

[lancebotha]

Thanks for all of your replies.

You’re right, I didn’t think further ahead to how new laws and restrictions regarding the ILR might come into play. The best plan is definitely to ‘do my time’ and apply for naturalisation after a year.

To speed up the process can you advise me on the best possible dates to apply for the Life in UK test, ILR and then naturalisation? I know that you can apply for ILR just before you reach 5 years on a working visa and then naturalisation just before my one year is up . My 5 years would be from 31-Jan-2009, so what dates should I be looking to do my test and submit my application for ILR? I’m guess that the 1 year count is from the date the ILR is granted? What do you think?

Thanks again

[Siggi]

Lance, life in the UK test. I would do it asap, before BIA decides that the test is too easy and change it.

Yes, the 1 year leading up to your Nat. starts on the day you receive your ILR.

Good luck!

[lancebotha]

Hi All,

Do you know whether i have to be on the ILR for 12 months before applying for naturalisation or can i apply just before the 12 months is up? Hear my thinking I notice that it states that "During the last 12 months of the six-year period you must not have been outside the UK for more than 90 days". Does that mean that i could apply for naturalisation a month or two before my 12 months is up, as long as i have been in the UK for the full 10-11 months straight?

Second question, When I eventually apply for naturalisation, can I apply from within the UK and then be absent from the UK for the remained for the processing time (usually 6 months I believe)? Obviously I have a time limit, to which I need to return to the UK and to attend the ceremony.

Thanks,

Lance [/b]

[dnicky]

You will have to complete full 12 months before applying for naturalisation.

You can leave the country once you apply for naturalisation, the only problem being if UKBA tries to contact you (on your UK address) for additonal information or documents, after you leave the country. This may have an adverse impact on your application depending upon the nature of queries raised by UKBA, if any.