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BC and ILR - Two questions

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basis

BC and ILR - Two questions

Post by basis » Thu May 19, 2005 6:54 pm

1. I read someone reply to one of earlier posts that we have three months to attend the citizenship ceremony. What happens if we dont attend within three months. Do we have to apply again ? Does the approval of the application become void and null ?

I am planning to apply for and then go out of the country for six months. While I can come back anytime to attend the ceremony the thing is I will then loose my current Indian citizenship and then to go back I would need visa on my British Passport. that means I would have to spend a lot of time in the UK for that - attend the ceremony + get UK passport + get Indian Visa (I can convert that to PIO in India). In case I cannot afford to spend that time - as I cannot predict when the BC will be approved I cannot plan for my absnce from India business. I would go to India beginning August.

2. On ILR the rule is after two years the ILR is no more valid. But when I stay in India and would want to visit UK for business visits within two yrs can it be done on ILR or I need to take business visa for that.

Thanks in advance.

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu May 19, 2005 7:21 pm

Basis, using your numbering :-
  1. Having waded through the IND policy instructions it looks like they will reverse the approval decision if you do not attend a Citizenship Ceremony within three months.

    But your Indian citizenship, even if you are right about that, how would India even know that you have British Citizenship? That is, come to the UK and attend a Citizenship ceremony ... don't bother to instantly apply for a British passport .... but fly straight back to India using your Indian passport. Is there a problem in that? Then when you are next in the UK, apply for a British passport.
  2. Sorry, is this as an alternative to becoming British? If so, do note that the ILR visa is not a glorified visitor visa. You can use it ... to resume residence in the UK! After two years absence ... I think that rather than thinking it lapses totally, think of it this way ..... you need permission to use it .... as a returning resident! If you don't intend to become resident again ... forget it! Other visa such as a Business Visa needs to be obtained.
John

basis

Post by basis » Thu May 19, 2005 10:09 pm

Thanks John. My 2nd point needs more explanation from my side -

What I meant is when I go to India for an year or so for business reasons I would need to visit the UK for short visits. After an year or so I would want to return as resident and make UK as my permanent residence. However, during those short visits in the next one year or so can I use ILR or need a separate visitor visa. I dont intend to use ILR as alternate visitor visa but I do intend to make UK as permanent residence after this one year which I must spend in India due to business compulsions.

In the 1st case India wont know is true but technically is it legal ?

basis

Post by basis » Sun May 22, 2005 9:04 pm

Hi John or others,

Any comments on my questions - specially second. any experiences so far.

Thanks in advance.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun May 22, 2005 11:41 pm

Basis, I have nothing to add ..... anyone else like to comment?
John

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