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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I was not aware of that. I thought it was like a visa.CR001 wrote:ILR is not a visa.
I realise that. Interestingly enough, I am not sure if the 2 year is a 100% limit. As in, if it is less than 2 years, I think there is no problem, but if it is more than 2 years does not automatically you mean you loose the settlement status. At least, that's how I was given to understand it.CR001 wrote:You should be aware that ILR is not 'indefinite' if you do not live and work (i.e. settled) in the UK. It is lost if you are absent for 2 or more years.
Strangely, the link does say India. No idea why. I am not from India, and I am not in India. Sorry about the confusion. I am currently in the UK.CR001 wrote: If you are applying from India, follow the process. If you are applying from the UK, then follow that process. You don't state where you currently are or how long you have been out of the UK.
Surely it would make sense to apply for British citizenship, it would make things easier.
You are right that applying for British citizenship would make sense, but how long would it take? Surely a few months at the least. Could I start the application process while being in the UK, but than get a work permit and live in Germany? Would my application for the citizenship still be considered normally, or would it nearly guarantee a no. Further, would it make applying for the work permit more complicated?CR001 wrote: Surely it would make sense to apply for British citizenship, it would make things easier.
Firtsly, under UK law, settlement status/ILR is not a right, but a grant and is subject to ongoing assessment.Hamster127 wrote:Please correct me if I am wrong, but the whole assessment only starts if were abroad for MORE than 2 years right?
As in, if I am in the UK non-stop till 2017, than go to Germany to 2019 (minus say 1 month, and occasional visits) I have the right to maintain my settlement status, right?
But does it not factor into the argument of the UK being ones home, rather than just a place one visits to drink warm bearCR001 wrote:Assuming you are over 18 and an adult, what your parents or siblings have is irrelevant to you and your ILR status.
A more common thought than you think.Hamster127 wrote:Hmm... its a bit different than what I had expected
The IO may certainly consider these factors. But at the end of the day, his judgment will be based on your actions.Hamster127 wrote:If you return to the UK regularly (say every 2-3 months), have family here (parents, siblings, who also have at least ILR), your parents own (not just rent) a house (but you don't), you are returning to visit your family and your job in Germany has a clear! end-date after 2 years, do you think that the IO would consider this person to be resident in the UK? I.e. would this be reason enough to keep the settlement status?
There are some alternate places you may wish to explore for different types of bear.Hamster127 wrote:just a place one visits to drink warm bear.
Is it really an individuals decision? What are the guidelines in a case like this? Can one appeal it? If it is just an individuals decision, they can decide however they want, even if you only leave the country for 2 weeks to go to a conference. They could claim you are just trying to get a permanent job abroad. I am being a bit silly but you get my point.secret.simon wrote: - Remember that a lot of this comes down to the Immigration Officer at the gate when you return.
But again, surely this takes a lot of time? I would assume 8months minimum.secret.simon wrote: - You will now understand my suggestion for applying for naturalisation before leaving (if you are eligible of course). Citizenship (as of now) is for life and is unaffected by absences from the UK.
It is the assessment of the IO at the time of your reentry to the UK. If he is in doubt, he can ask you further questions and escalate internally to his superiors, while you are still in the immigration zone (within the airport).Hamster127 wrote:Is it really an individuals decision?
Hamster127 wrote:What are the guidelines in a case like this?
The IO would of course, in addition to your response, be looking at your travel history, which, if you are a non-EEA citizen, may be visible in your passport. He would then make an assessment if and when you have been resident in the UK in the past.Paragraph 18 of the Immigration Rules wrote:18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:
(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii) has not been away from the United Kingdom for more than 2 years; and
(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
(iv) now seeks admission for the purpose of settlement.
The alternative may well be losing your ILR and having to start from scratch with a Tier 2 or Tier 4 visa, under the rules as they are at the time of application.Hamster127 wrote:But again, surely this takes a lot of time? I would assume 8months minimum.
If it were that easy, this forum would have no raison d'etre. This forum exists because while government departments give broad guidelines about their procedures etc, their application in the case of individuals is not responded to , except if you were to make an application to them.Hamster127 wrote:Is it at all possible to simply ask them officially, via, say an email, explain them the exact situation and get an official answer?