ILR / Short Visits / Returning Resident

basis · Post by **basis** » Sat Jul 16, 2005 1:41 pm

I have an ILR since past more than 21 months. I have not applied for naturalisation yet. I need to go to India for an year for business reasons (employment). I would certainly come back to the UK after one year for settlement.

During that time if I need to visit UK for short visits what do I need to do? Do I loose ILR and need to apply for business visa for such visits while my residence is in India.

After one year can I apply for Returning Residence Visa.

Joseph · Post by **Joseph** » Sat Jul 16, 2005 4:18 pm

basis

You will not lose ILR when you come here on short trips. Say you are a returning resident, which is absolutely true, especially you are planning to return here in a year's time. If anything, the work you are doing in India is of a temporary nature.

Joseph

basis · Post by **basis** » Sun Jul 17, 2005 12:17 am

Thanks Joseph. One more thing I forgot to specify was I dont have any property in the UK - I live in a rental property which I will vacate as I am going to India for an year. Does it change the circumstances to prevent me coming to UK for short visits in the next year. I would continue to have UK bank accounts but that's about it.

Is there any risk of loosing ILR or breaking any rules if I travel on short business visits to the UK while holding ILR while I will move for one year or less to India for work.

I can go for naturalization but I dont want to loose Indian citizenship - at least I think that today.

Post by **John** » Sun Jul 17, 2005 10:22 am

Basis wrote:I would continue to have UK bank accounts but that's about it.

Well you will need to stay somewhere! An address will need to be entered on to the Landing Card every time you do arrive in the UK.

As Joseph has already said, you can re-enter the UK as a returning resident. Giving a hotel address on your Landing Card might look a bit strange. Will you be staying with relatives? Friends?

basis · Post by **basis** » Sun Jul 17, 2005 12:26 pm

Yes John I'll stay with my friends each time.

I was worried that would this amount to be usin ILR as 'glorious business visa'.

Joseph · Post by **Joseph** » Sun Jul 17, 2005 1:07 pm

basis
I think that even with a hotel address you should have no problem, but if you are staying at a private address it would be easier to explain. You are entitled to come back as a returning resident anytime without additional visas within the two year period, especially since it is your true intent to resume full time residency in the next year.

If necessary, you can explain that you are on a temporary work assignment in India that will take you out of the UK for most of next year. The more frequently you come here, the less of a problem there will be because your absences from the UK will be therefore even less than a year. Things only start to get difficult when you have been away for close to two years at a time.

Joseph

basis · Post by **basis** » Wed Jul 20, 2005 11:22 am

Thanks Joseph, John - one diffrent query related to the topic

2.3 If the applicant is abroad or is about to go abroad for a continuous period of more than six months, the application should normally be refused, and the applicant should be advised to re-apply, on return to the UK, for permanent residence and if the normal requirements are met.

What does the above in Annex F ( IND site - Home > Laws & Policy > Policy instructions > NIs > Chapter 18 > Annex F) mean ?

If a person applies and has to travel abroad then the Naturalisation application would be rejected & also he would have to apply for permanent residence ?

I was thinking of one option to apply for Naturalisation before moving on for an year to India and then come to attend the oath and passport application. But if the above means i would also loose ILR then I would rather not make the naturalisation application.

Post by **John** » Wed Jul 20, 2005 11:39 am

Basis, assuming the applicant for naturalisation is not already married to a British Citizen then there needs to be the intention to live in the UK. That of course is not the same as not being able to live, but suspect that the mention of "six months" is related to that.

One course of action available to you is to apply for naturalisation now using the checking service and hopefully get dealt with very quickly and after you have your British passport then go abroad. However the problem with such a plan is that you lose your Indian citizenship as soon as you become British.

Another course of action is simply to wait until say nine months after you get back to the UK before you apply for your British naturalisation. That way you will pass the "not out of the UK more than 90 days in the one year before IND receive the naturalisation application" test.

ILR? If you are only going abroad for one year then no problem. When you come back to the UK you will simply use your ILR as a returning resident. You will only have a problem is you are outside the UK for a continuous period exceeding two years.

basis · Post by **basis** » Wed Jul 20, 2005 11:55 am

Thanks John. One more question is if I apply now and it gets rejected due to future intentions does it mean my ILR also gets cancelled and I would need to re-apply OR even if my naturalisation application gets rejected my ILR still remains valid. The wording of the guidence note seems to mean that.

tt · Post by tt » Tue Aug 30, 2005 2:07 pm

What happens re the 2 year thing if you have been ferrying across to France etc and you have not got entry stamps in your passport on return to Britain? I believe there are occasions when you don't get entry stamps put in, and it might show as if you haven't been in the UK for over 2 years.

Are they now stamping everyone (non-EU) on entry, or do you know of occasions where it doesn't happen?

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ILR / Short Visits / Returning Resident

ILR / Short Visits / Returning Resident

Furture Intentions requirement - Naturalisation