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Immigrating to USA on ILR

Posted: Mon Jul 06, 2015 2:40 am
by rthaker
Apologies if this is not correct forum. I have couple of questions about my move from UK to USA. I have ILR since last year and Indian passport. I moved to USA last month and started working here full time because my wife begin to work here since Jan 2015. We have long term plans of coming back to the UK and settle there permanently. My question is:

What do I need to do to keep my ILR viable? I still have UK bank accounts but I don't have any property, and I plan to pay NI. Do I need to inform HMRC about my move? Is there any other step I shall take to make sure I have no problems coming back to UK. We plan to stay here in USA for at least 2 years. Just to clarify that only I have ILR, my wife and kid have only Indian passports, because they did not stayed long enough in UK to qualify for ILR.

Thanks.

Re: Immigrating to USA on ILR

Posted: Mon Jul 06, 2015 4:22 am
by vinny

Re: Immigrating to USA on ILR

Posted: Mon Jul 06, 2015 8:11 am
by secret.simon
If you are in a position to return, you may want to consider returning and applying for naturalisation.

ILR is invalidated if the Immigration Officer at the airport gets the impression that you are no longer settled in the UK; typically that happens if you have been out of the country for more than two years.

After British citizenship is acquired, you can stay out of the country for as long as you like, so long as you intend to return. Also, as your wife is on ILR, once you get British citizenship, your children stand a better chance of being registered as British citizens as well.

Re: Immigrating to USA on ILR

Posted: Tue Jul 07, 2015 2:58 am
by rthaker
Thanks for the information. Unfortunately, I am not in a position to return to UK any sooner, I just started a new Job in USA. The only thing I find problem in my case will be family ties/property with UK, which I have none.
Does this mean that even before two years have lapsed I cannot visit UK? I plan to visit next March (which will be 10 months away).

Re: Immigrating to USA on ILR

Posted: Tue Jul 07, 2015 7:59 am
by secret.simon
See Vinny's link above about returning residents. That contains a lot of information for people in your situation.

Broadly, you can return as often as you like within two years. However, the Immigration Officer at the border may question you about whether you are resident in the UK or not based on the stamps in your passport. He has the authority to revoke or limit your ILR based on his findings. So, it would be best to carry any proof you have of your UK residence with you.