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ILR and leaving the UK

Posted: Thu Jan 24, 2013 10:50 am
by nyaraboke
So I have had my ILR since 2010 , I was on a spouse visa that led to ILR but unfortunately after just over 10 years of being together my husband- soon to be ex and I are going our separate ways.

I haven't applied for citizenship mainly due to funds as I haven't had a stable job in this market however I now have the opportunity to go and work in another country for a while and I think this would give my career the kickstart it needs and time to reestablish myself.

How does this affect my ILR if I choose to go and work abroad for 2/3 years? I do intend to come back to UK eventually and during my time working away.

Re: ILR and leaving the UK

Posted: Thu Jan 24, 2013 11:26 am
by shahid2000
nyaraboke wrote:So I have had my ILR since 2010 , I was on a spouse visa that led to ILR but unfortunately after just over 10 years of being together my husband- soon to be ex and I are going our separate ways.

I haven't applied for citizenship mainly due to funds as I haven't had a stable job in this market however I now have the opportunity to go and work in another country for a while and I think this would give my career the kickstart it needs and time to reestablish myself.

How does this affect my ILR if I choose to go and work abroad for 2/3 years? I do intend to come back to UK eventually and during my time working away.
As i understand it you already have your ILR so you are not dependant on your husband anymore. Separation will have no effect on your ILR. Although you should know that if you staty outside of UK for more than 2 years than the ILR becomes invalid.

Posted: Thu Jan 24, 2013 12:17 pm
by sam2012
Hi, I'm planning to leave the country for a while once I get my ILR.

What is rule for invalidating the ILR ?
Is it continuos 2 year outside UK ? or overall 2 years outside UK ?

Any other rules to consider before leaving .. please help

Posted: Thu Jan 24, 2013 12:25 pm
by cs95tdg

Re: ILR and leaving the UK

Posted: Thu Jan 24, 2013 12:29 pm
by nyaraboke
As i understand it you already have your ILR so you are not dependant on your husband anymore. Separation will have no effect on your ILR. Although you should know that if you staty outside of UK for more than 2 years than the ILR becomes invalid.[/quote]


THanks for your feedback ,

yes I am not dependent on my husband if I opted to go for citizenship would the 2 year absence apply as well or would the separation have any impact on that as well?

Re: ILR and leaving the UK

Posted: Thu Jan 24, 2013 12:34 pm
by cs95tdg
nyaraboke wrote:yes I am not dependent on my husband if I opted to go for citizenship would the 2 year absence apply as well or would the separation have any impact on that as well?
Please see the UKBA link I provided to understand what you (as a ILR holder) need to do if you decide to leave the UK and then return at a later date.

Your soon to be ex-husband's immigration status or your relationship status has nothing to do with your immigration status now that you have ILR.

Posted: Thu Jan 24, 2013 12:39 pm
by sam2012
cs95tdg, thank you for the quick response.

The link shows about returning residents who have stayed 2 years or more outside UK.

How many absenses are allowed for an ILR holder to stay outside UK and to continue holding the ILR status ?

Basically due to my job, I will be staying almost 6 months out of UK and 6 month in the UK in an year. Will this impact my ILR status in the long run.

Thanks

Posted: Thu Jan 24, 2013 12:42 pm
by cs95tdg
sam2012 wrote:Basically due to my job, I will be staying almost 6 months out of UK and 6 month in the UK in an year. Will this impact my ILR status in the long run.
No, this will not impact your ILR. The two years mentioned on the UKBA website, is continuous. Note however, if you intend to apply for citizenship at a later date, you will need to make sure you meet the absence threshold required for that.

Posted: Thu Jan 24, 2013 1:57 pm
by sam2012
cs95tdg, thank you for the information.