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ILR questions - please help!

Posted: Wed Dec 01, 2010 6:03 pm
by nzchick
Hi there,

I am a nz citizen married to a uk citizen. I will have been in the UK on an entry clearance visa (spouse) for the appropriate 2 years on 8 June 2011 so will be eligible for ILR. The only thing is that my husband has had a job offer in NZ and we may want to move there for a year or so. I am wondering if i should still apply for ILR in June (get the on the day service) so that we will have the freedom to come back and forth (as we are both free-lance workers so would love to come back for 2 to 3 months a year anyway even if we did decide to be in NZ for longer). If i dont apply for ILR i have no idea how i can come back with my husband (as we will want to) other than just on a visitor visa, but that will not entitle me to work which I will want to do. If I go for the ILR what are the conditions on the UKBA revoking this? I read something about "if you are away for 2 years your ILR may be revoked" but with family and work ties we would always be back for at least a couple of months a year. Can they still revoke this and how would they know at the border that it is not where I live all the time? Or is it worth just getting the visa for the 2 years even if it gets revoked? So confused! There doesnt seem to be much information out there about the conditions of ILR once you have it (obviously i wouldnt be able to apply for a british passport as I would need to be in Uk for a whole year with no more than 90 days outside). I just want to be able to freely come and go from the UK with my husband and not have to apply for a visa every time. If you have any advice i would appreciate it heaps! many thanks x :?

Posted: Wed Dec 01, 2010 6:12 pm
by vinny
ILR may be worth getting in case the job offer falls through. However, an ILR holder will be subject to the returning residents provisions.

Posted: Wed Dec 01, 2010 9:28 pm
by avjones
As a NZ citizen visiting family here, assuming you aren't working etc, you wouldn't need a visa anyway.

Posted: Thu Dec 02, 2010 7:28 am
by nzchick
Yes I would be able to come in as a visitor, however I will be wanting to undertake small patches of work, probably no more than two months in a year. Do you think it would be better to just try to apply for a temporary work permit for those times? I will have the work lined up before I come and could get a certificate of acredidation for the employer.
What I am really saying is that is a pain to have to do every time... could I not just get ILR and come in for 2 months a year and work/live etc or after 2 years of doing this would they revoke the ILR as they see that I have only spent 2 months a year here?

Posted: Thu Dec 02, 2010 7:29 am
by nzchick
That was meant to say certificate of accreditation FROM the employer! (for the visa application)