ILR/Naturalisation and working outside the UK

[jspoor]

Hi,

I received ILR status 10 months ago (after 4 years on a work permit) and plan to apply for naturalisation as I pass the 5 year period. I am resident (living and working) in the UK. I have received an offer to work in the US for an American company and would need to obtain a US work permit. The company needs me to start work about a month before I can apply for naturalisation here. I plan to live in the US for less than 2 years before returning to the UK to settle.

Can someone tell me:
1. If I take a US work permit before applying for naturalisation, could I lose my ILR status?
2. If I go to the US one month before applying for naturalisation, can I still return to the UK later to apply for naturalisation? My concern here would be that my residence might not be continuous, though my total absences for the final 12 months will be well below 90 days.
3. I plan to visit the UK frequently while working abroad. Is it ok to return as a "returning resident" even though I am not living in the UK?

Many thanks

[basis]

1. If I take a US work permit before applying for naturalisation, could I lose my ILR status?

No. These two are not related.

2. If I go to the US one month before applying for naturalisation, can I still return to the UK later to apply for naturalisation? My concern here would be that my residence might not be continuous, though my total absences for the final 12 months will be well below 90 days.

Absence less than 90 days in the last year is the condition. So you should be ok. However, there is much debated condition of intention to continue to UK as the primary residence in the naturalisation application. With the experience of many members and valued opinion of some of the knowledgable members one can say that such cases can go through if played right. e.g. Will you continue to have either a house or someone from your familiy in the UK? If yes then should not be any issues. Else you can give someone (your friend's address etc) in naturalisation application. If there are queries or approvals you will come to know. On approval you can fly in and attend the ceremony. Take UK passport if needed (if your current nationality does not allow dual nationality). You may have an issue in the US - e.g. your US WP would be issued on old passport (from the current nationality). But should be possible to resolve.

3. I plan to visit the UK frequently while working abroad. Is it ok to return as a "returning resident" even though I am not living in the UK?

If you naturalised then no question of 'returning resident' etc. If on ILR then it could pose some difficulties. again would be easier if you maintain house / family in the UK

[JAJ]

Hi,

I received ILR status 10 months ago (after 4 years on a work permit) and plan to apply for naturalisation as I pass the 5 year period. I am resident (living and working) in the UK. I have received an offer to work in the US for an American company and would need to obtain a US work permit. The company needs me to start work about a month before I can apply for naturalisation here. I plan to live in the US for less than 2 years before returning to the UK to settle.

Can someone tell me:
1. If I take a US work permit before applying for naturalisation, could I lose my ILR status?
2. If I go to the US one month before applying for naturalisation, can I still return to the UK later to apply for naturalisation? My concern here would be that my residence might not be continuous, though my total absences for the final 12 months will be well below 90 days.
3. I plan to visit the UK frequently while working abroad. Is it ok to return as a "returning resident" even though I am not living in the UK?

You will not get a clear answer on an online forum, however the general consensus is that you should naturalise first and only then work temporarily in the U.S.

Unless you are employed by a British company and seconded to the U.S. - this makes a difference.

How important is British citizenship to you?

[John]

Jspoor, I agree with JAJ that the consensus here is :-

that you should naturalise first and only then work temporarily in the U.S.

Don't overlook the fact that once your "application successful" letter has arrived you have only three months to attend your Citizenship Ceremony, otherwise the offer of British Citizenship will lapse.

You have already passed your Citizenship Test?

[jspoor]

Many thanks for the replies.

Citizenship is important but what is equally important is the basic right to live in the UK - I would not want to do something to jeopardise giving up what has definitely become home.

Has anyone heard of cases where people on ILR have been refused re-entry into the UK or had ILR revoked even though they have been outside the country for less than 2 years?

Also, I do not own property here or have immediate family here as well. Though, like I mentioned, the UK is home. Are there other ways I can demonstrate this?

Thanks

[basis]

Less than 2 years - certainly not a problem. However, if you plan to use it as a glorious business visa then may get into trouble. Most times IO will ask u 'do u still live in the UK?' And u would be lying if you say 'yes' and would certainly be in trouble if you say 'no'. So IMHO u should complete naturalisation this time around - that will resolve all these issues.