Immigrationboards.com

Hi All,
I am in a tricky situation. My ILR PEO is booked for Croydon on Wed March 28th. I think I should get it fine. I already have a biometric permit for my Tier 1 General.

However I must travel back to Australia on April 5th which is only 1 week after my IRL appointment.

So my question is whats the chances of my new residence permit arriving before I leave to go back to Australia?

Say if it does not arrive in time can I travel back to Australia and then when I arrive back to Heathrow in the UK I either tell them my residence permit is most likely at home? (and they give me a few days to show it somewhere?)

If they let me keep my old Tier 1 permit that would be great as it doesnt expire until April 2013 but I am pretty sure they take it off you correct?

Any help would be great!!

Actually ive just had a good idea. I could get my wife to send me the permit to Australia by courier once it arrives to my house in the UK... What do you guys think?

Cheers

Londonguy.

Most Airlines would not let you board the plane at the origin if you do not have a valid VISA for the country that you are travelling to.

I presume the OP is Australian so he is not a visa national and should be able to board the flight.

See similar discussion - Do I ABSOLUTELY need my BRP to *leave* the UK?.

Yes I am aussie so I wouldnt need a visa to go back to oz or go back to the UK... I think I have decided to not go for my ILR at all... I doubt I will be here for another 2 yrs to get my passport...

One more question guys..

Once you get ILR for a british passport does the 12 months start from when I got my ILR or from when I could have got the ILR?

Cheers

Londonguy.

You need first to be British before applying for a passport.

The requirement for natiralisation is 12 months of actually holding ILR. Not 12 months from when you can have it. If married to a British citizen, you just need to have ILR (no 12 months wait).

I see... one more question I am married to a woman from the Czech republic does that does help me to get a UK passport in any way?

Thanks for the advice...

Londonguy.

This gives you another path to citizenship (but not a shorter one). It also gives you another route to reside legally in the UK.

How long have you been living as a married couple in the UK?

Hi really? Anything to get around paying £1400 for my ilr sounds good we it married in Prague on 25th sep 2010 been together 7 years lived in London together for three years...

Does that help me get a British passport? Or do I still need to get ILR First?

Thanks for the advice!!

What does your wife do? Does she work? Study? Self sufficient? She will need to exercise treaty rights in the UK for you to be able to enjoy from the EEA regulations. See more here.

If she is exercising treaty rights, you have an automatic right to live and work in the UK. After 5 years of living in the UK under the EEA regulations you obtain Permanent Residence status (the EEA version of ILR) and after 1 year you can apply for British citizenship.

All EEA application are free of charge.

In your case, time for PR started when you entered the UK as a married person (assuming your wife is exercising treaty rights). Time in the UK before marriage might be recognised by the HO (their discretion).

To summarise, if you want to save money, go via the EEA regulations route. If you want to save time, stick to the ILR route.