Advantages of ILR?

[ashishashah]

Hello All,

I have gome through threads on this forum,but couldnt get an answer to my specific questions,hence this query:
I am on HSMP,came to UK in JAn 07..Hopefully will get ILR in jan 12 ..
But now i am feeling like going back to India .The only thing stopping me is carrot of ILR..So i want to make an informed decision about to wait for ILR(is it worth it ,and how useful it would be for me/family) OR leave UK without ILR

1)What are the adv. of ILR ?I know that that the person wont need a visa to come to UK if he/she gets an ILR..But is that for life time?I have read that you cannot stay out of UK for more then 2 years or ILR would be revoked?
2)How does UK gov. verify that you consider UK as your "main home' after ILR?
3) My daughter was born in India ,will she get an ILR with me when i qualify (She was born while i was on HSMP, i am still on HSMP.Now daughter is with us )?
4)My wife was out of country(UK) for more then 3 months as she had gone back to India for delivery of our daughter..Will she also get ILR with me or she will be refused as she was out of UK multiple times?(She and my daughter keep going to India for 3-4 months every year)
5)Finally,how would ILR help me/my family in long run..e.g after 20 years my daughter wants to come to UK to work/study etc.,can she use ILR?(assuming we keep our ILR 'alive' by fulfilling mandatory conditions)

In a nutshell,i would like to find out all advantages for my self and family about ILR and requirements to keep ILR 'alive' .

[oluwa112]

ILR...

this is more that Just a Visa. This basically in lame man terms British Citizenship without the passport. You have no restriction on what you can do in the UK, be it for holiday, working, business anything. The only difference is that of you are a Visa National you will still need a Visa to travel to most countries, but as you would have ILR in the UK, it wld be much easier and straight forward to apply and get Visas to most countries.

You are correct in the sense that if you are out of the country for more that 2yrs you will loose your ILR as you have not shown your commitments to make UK your Permanent home. That being said if you visited now and again periodically if you do decide to Leave you still get to keep you ILR.

As you are the main applicant, restriction of Travel is on you and not so much your dependants. So when you apply for your ILR you and add your wife and Children under 18yrs as your dependent and they will get it as well.

In the Long run for your daughter, if you decide to send her to the UK for her University Education, She will pay Home Fee, which is Miles cheaper than overseas fees!! You can also file for Child support *after all as you have been working and paying taxes, might as well file for that as well*. So many other things!

Well I hope this helps you just a little bit.

[ashishashah]

Thanks oluwa112
)..So in case i leave uk the next day of getting ILR, i need to come back to UK at least once in 2 years ..But then do i need to stay in UK for long?
Or can i just enter an exit to keep "ILR"alive?after doing this couple of times, wouldnt the immigration officer come to know that i am just touching UK to keep my ILR alive?
2)can i apply for BC any time after getting ILR?Say ,after 3 years ?(Those 3 years would be spent in India except the UK visit)

In my office ,some collegues mentioned that this is not the way to use ILR in the sense..
I dont know how would ILR help me,may be some employer wants me to come to UK for work i can come with out getting WP..
About child benefit,i wont be staying in UK after getting ILR,so dont think that it would help me,but thanks for pointing that out..
Any other inputs ?

[Sushil-ACCA]

ILR...

this is more that Just a Visa. This basically in lame man terms British Citizenship without the passport. You have no restriction on what you can do in the UK, be it for holiday, working, business anything. The only difference is that of you are a Visa National you will still need a Visa to travel to most countries, but as you would have ILR in the UK, it wld be much easier and straight forward to apply and get Visas to most countries.

You are correct in the sense that if you are out of the country for more that 2yrs you will loose your ILR as you have not shown your commitments to make UK your Permanent home. That being said if you visited now and again periodically if you do decide to Leave you still get to keep you ILR.

As you are the main applicant, restriction of Travel is on you and not so much your dependants. So when you apply for your ILR you and add your wife and Children under 18yrs as your dependent and they will get it as well.

In the Long run for your daughter, if you decide to send her to the UK for her University Education, She will pay Home Fee, which is Miles cheaper than overseas fees!! You can also file for Child support *after all as you have been working and paying taxes, might as well file for that as well*. So many other things!


she need to stay 3 year here to get these benefits

Well I hope this helps you just a little bit.

[ashishashah]

Sushil,which benefit?Child benefit or Home fees benefit?

[oluwa112]

Thanks oluwa112
)..So in case i leave uk the next day of getting ILR, i need to come back to UK at least once in 2 years ..But then do i need to stay in UK for long?
Or can i just enter an exit to keep "ILR"alive?after doing this couple of times, wouldnt the immigration officer come to know that i am just touching UK to keep my ILR alive?

*** Its Up to you how you keep the ILR alive, by coming to the UK periodically weather for work or Visit is all up to you, it is not a problem at all****
2)can i apply for BC any time after getting ILR?Say ,after 3 years ?(Those 3 years would be spent in India except the UK visit),

*** U need a full consistent year with Current immigration rules before you can apply for BC, so no your periodical visits to keep your ILR will not be sufficient for you to apply for BC***

In my office ,some collegues mentioned that this is not the way to use ILR in the sense..

** Its up to u how u want to take advantage of your ILR***


I dont know how would ILR help me,may be some employer wants me to come to UK for work i can come with out getting WP..

*** That will be one of the advantages of having ILR, you can come back freely and do anything you want Legally without restrictions*****


About child benefit,i wont be staying in UK after getting ILR,so dont think that it would help me,but thanks for pointing that out..

*** You are right, if you are not going to be here, u will not be able to claim for that***
Any other inputs ?

With regards to home Fee, Sushil-ACCA is correct that your child will need to be in the UK at least 3 years before she can claim Home fees.

[raymasa2]

Please make sure you are up to date on the new regulations that could possibly come into force after July 2011. If you are not eligible to apply for ILR by then, you would be applying for Probationary Citizenship and not ILR. You may want to read up on that.

Ray

[ashishashah]

Hmm..I hope HSMP people are covered..If not then i think my decision would be pretty simple..Waiting for the new rules now!!!!

[Sushil-ACCA]

THIS TIME HO will not do retrospective changes

they have tested water

so whatever yr visa conditions will be followed

[raymasa2]

Depends on when your HSMP was approved, if it was after April 2006, and you cannot apply for ILR prior to new regulation coming into affect (estimated to be July 2011), you will not be covered by the HSMP Judicial Review and may be impacted by the new law.

Ray

[mgrdev]

i have a question ..after how many years the ILR holder can apply for red passport ??

[CR001]

this topic is more than three years old so why are you posting her instead of your own thread?
this question is covered in many topics! depending on your circumstances, its 12 months after ilr that you can apply for bc naturalisation, which can take weeks or months! you needto meet the srandard requiremenrs to apply and be within the absence limits. once you get approval, you attend a ceremony and receive your naturalisation certificateand onluy then can you apply for a british passport.