Will I loose ILR if I only return to UK for short period?

Fridges · Post by **Fridges** » Sat Jul 09, 2011 8:40 am

Hi, I have an ILR, and am looking to take up a job abroad. Will I loose my ILR if I only return to UK for 1 week every year? Thanks.

Post by **Greenie** » Sat Jul 09, 2011 9:42 am

Fridges wrote:Hi, I have an ILR, and am looking to take up a job abroad. Will I loose my ILR if I only return to UK for 1 week every year? Thanks.

usually yes if you live outside the UK for two years or more. coming back for a week a year will not keep your residence active

See Returning residents

Fridges · Post by **Fridges** » Sat Jul 09, 2011 4:58 pm

Thank you Greenie. I'm looking to take up a position in the same company, headquartered in Australia. However, I will be paid in AUD, paying Australian tax. Will I be able to justify that my move out of UK is due to career growth within the company? Will this save me from having my ILR revoked? Thanks!

Post by **Casa** » Sat Jul 09, 2011 5:15 pm

Not if you're resident in Australia and paying Australian tax.

Fridges · Post by **Fridges** » Sat Jul 09, 2011 5:19 pm

Hmm.. I've only been in the UK less than 5 years, and my ILR is not due until this August 2011; And my new job is due in October.. Anything I can do to retain my ILR, apart from staying another 1+ yrs to get UK citizenship?

krazydude · Post by **krazydude** » Mon Jul 11, 2011 12:05 pm

Once you get your ILR, you cannot stay out of the UK for more than 90 days (1 yr before your application for UK Citizenship), so how do you plan on doing that if you are going to work and earn in Aus ?

mulderpf · Post by **mulderpf** » Mon Jul 11, 2011 12:11 pm

The point of Indefinite Leave to Remain is to allow you to remain in the UK until you get your citizenship. If you don't want to remain in the UK, why should you get ILR?

IMMIGRATION LAWYER · Post by **IMMIGRATION LAWYER** » Mon Jul 11, 2011 9:20 pm

You may, especially if you would be applying to return to the UK as a Returning Resident.

I have seen such a refusal just a week a so ago.

The chap wrote in his RR application (prepared by his secretary) that he was return to the UK to check his flat...

Probably he will lose his appeal now, as it was his 2nd RR application in 10 years (he got his ILR some 10 years ago, and had once applied and was issued with a RR visa from overseas).

As he spent some 2-3 months in the UK in the last 10 years or so, his chances to succeed are quite low.

Fridges wrote:Hi, I have an ILR, and am looking to take up a job abroad. Will I loose my ILR if I only return to UK for 1 week every year? Thanks.

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Will I loose ILR if I only return to UK for short period?

Will I loose ILR if I only return to UK for short period?

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