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URGENT ILR ADVICE. Please advise

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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farem1
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Joined: Fri Mar 28, 2014 9:22 pm

URGENT ILR ADVICE. Please advise

Post by farem1 » Sat Mar 29, 2014 3:21 pm

Dear Fellow Members,

This is very useful forum. I have two very quick questions please and would be grateful for any guidance.

1) I am applying for ILR in August 2014 through Tier 2 General visa category. I am working for same employer for last 5 years. During this time I have spent 164 days outside UK on holidays (all paid holidays). I have went outside UK on official business trips too apart from this (I can get a letter for confirmation).

I want to ask if 180 days absence allowance limit is for whole 5 years, or if it is for every 12 months in 5 years time? I am going to my home town for 4 weeks in May (for my wedding) and want to be sure I won't be rejected in my ILR application when I apply for that in August. Please advise.

2) My wife is a British national from last 4 years. Will I be able to apply for UK passport straight after my ILR (in Sep), or I have to wait for another year before I apply.

Many thanks for advise.

Best Regards
Faz Haider

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CR001
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Re: URGENT ILR ADVICE. Please advise

Post by CR001 » Sat Mar 29, 2014 4:49 pm

1. 180 days in each 12 month cycle for each of the 5 years.

2. Once you receive ILR, you can apply for naturalisation immediately as spouse of BC based on 3 years residence requirement and the standard requirements, including the limits on absences. No need to wait 12 months on ILR. Make sure though that you were physically present in the UK exactly 3 years before. Date of application is the date+1 day that the UKVI receive your application, not the date of posting or appointment at NCS
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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