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Traveling after ILR

General UK immigration & work permits; don't post job search or family related topics!

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JS77
Newly Registered
Posts: 15
Joined: Tue Sep 25, 2018 8:25 am
China

Traveling after ILR

Post by JS77 » Sun Jul 14, 2019 10:36 am

Dear All:

My husband filed for separation shortly after I received my ILR in the end of December. I am realising that to build my career is top priority at moment, that requires me to travel a bit away from UK in the next 12 months which only spend 4 months in UK. We sold our property in Scotland, it doesn't make sense to rent somewhere for 12 months and only stay for 4 months, so my question would be: Is ok to not have a rental proper and traveling away for 4 months from UK each time?

I am the director of the my own company, my accountant already agreed that personal/corporation banking address can be forward to the company registered address.

I have lived in Scotland for nearly 6 years, and love to stay here in the future, keep ILR is important to me and I would not want to have too much hassle when I am go through immigration when return. I am planning to do short term( 2 months ) rental for the period of returning UK, to a different location to explore more areas over the next year.

I am leaving next Sunday, any suggestions on what I should be aware or prepare before my leave or upon my return would be greatly appreciated.

Regards

secret.simon
Moderator
Posts: 11534
Joined: Thu Feb 21, 2013 9:29 pm

Re: Traveling after ILR

Post by secret.simon » Sun Jul 14, 2019 11:18 am

The most obvious thing to worry about and plan for is the fact that ILR is still leave under the Immigration Rules, which can be cancelled by an Immigration Officer at the airport if it seems to them that you are not residing in the UK under the terms of that leave.

While any continuous leave of longer than two years causes the ILR to automatically lapse, short visits do not keep ILR alive and Immigration Officers may notice that you seem to visit the UK rather than reside. You may therefore face increased questioning at airports on arrival and as I mentioned, the ILR can be revoked/cancelled.

I would therefore be cautious of your plans and try to reside for long stretches in the UK interspersed with short visits abroad, rather than the other way round.

If possible, try postponing your plans and naturalise as a British citizen before spending too much time abroad.

You mentioned that your husband and you are separated. If your husband is a British citizen and you are only separated, but not divorced, you are able to naturalise now, provided you meet the requirements.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

JS77
Newly Registered
Posts: 15
Joined: Tue Sep 25, 2018 8:25 am
China

Re: Traveling after ILR

Post by JS77 » Sun Jul 14, 2019 2:42 pm

Thanks for your reply. I have considered all the information you have suggested.

I can't apply for citizenship just now as I am travelling abroad constantly for work, but the naturalisation process takes too long and not fixed time frame will cause some anxiety for my work.

I am only planning spend more time away from UK until the end of June 2020; from July 2020, I can spending more time in Scotland once I had all my business connections established.

I am thinking about carry all my company related documents with me and all the evidence of being away was for business ( even tough was my home country ) just in case if any questions asked upon my arrival.

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