Can you loose ILR?

[toufik7]

Hi All,

I've received my ILR last month. From my understanding, as long as I'm not away from the UK for 2 years, I'm good. However I was wondering if there's a time limit on a single trip?
I want to travel south east asia for about 4 months, and in that whole time I will still be getting paid salary through my uk bank. Would a single trip over 90 days cause any issues when returning? What about citizenship?

Thanks,
T

[Lucapooka]

You've just said you can be absent for more than two years so why are you asking in a concerned manner about an absence of only 90 days? The rules for naturalization limit absence to 450 days out of the five year period (in any cumulative amount), but with no more than 90 in the final year.

With regard to the two year absence for ILR, it's not sufficient to return for a mere visit before two years has expired, and then to continue residing outside the UK. You have to return within two years with a view to continue your settlement and residence in the UK. However, how tightly this is applied really depends on the individual circumstances and any probing questions asked on your return.

[toufik7]

Thanks, sorry for not being clearer. The 90 days cap in the final year is what I was referring to. I just assumed it might lead to loss of ILR if one goes over that limit, but it seems it only affects the transition to citizenship.

I see there are provisions for the final year, and from what I read they will also consider absences between 90 and 180 days in the final year provided residency hasnt been affected

[Smam]

Hi

So what I have understood after reading from this post that even after having your ILR you're not allowed to stay outside the UK for a continous period of more than 90 days in a row in one year is that correct or if you've stayed over a 90 days period then you have to wait for another year before applying for your Naturalization process without having any 90 days absence for that year is that correct ?

I'll ellaborate my question a bit more for eg if I get my ILR this Month and then I'll stay away from UK for a period of 90 days in a row and then come back to UK means that I've to wait for 15 months instead of 12 months to apply for my Naturalization process or what will be the case for me in this regards for my self ?

Many thanks and waiting for your use ful replies.

[Casa]

You need to have no more than 90 days absence in the 12 months leading up to your BC application.

[Smam]

Hi

Thanks for your prompt reply Casa. Well in case if I've more than 90 days of absence after getting my ILR then do I have to wait for 2 years instead of 1 year time to apply for my BC is that correct.

Many thanks and waiting for your useful replies.

[Casa]

You need to wait until you can show the 12 month period leading up to your application has no more than 90 days of absence. For example, when you return from your 4 month trip, (assuming you don't travel again for more than 90 days), wait for the 12 month period to pass and then apply.