Long Residency (Is the continuous residence broken)

[GurvinderSingh]

Hi

I have a question into my mind and hope somebody will give me an advise.

My wife applied for immigration to canada and we have got it now. As we need to enter into Canada with in a certain time period, we will be going in Feb11 however we will come back with in a week. I don't want to stay in Canada if I get UK ILR however I don't want to loose my canadian immigration as I am not sure if I wll be able to qualify for UK ILR.

My question is if I leave UK for a week and come back, will I be able to apply for ILR as the rules says "The continuous residence would be deemed to be broken. This would be instances where the applicant left the UK and by doing so, showed clear intention not to return".

Please advise me if my continuous residence will be broken in this case.

Thank you in advance

[ash786]

Hi

I have a question into my mind and hope somebody will give me an advise.

My wife applied for immigration to canada and we have got it now. As we need to enter into Canada with in a certain time period, we will be going in Feb11 however we will come back with in a week. I don't want to stay in Canada if I get UK ILR however I don't want to loose my canadian immigration as I am not sure if I wll be able to qualify for UK ILR.

My question is if I leave UK for a week and come back, will I be able to apply for ILR as the rules says "The continuous residence would be deemed to be broken. This would be instances where the applicant left the UK and by doing so, showed clear intention not to return".

Please advise me if my continuous residence will be broken in this case.

Thank you in advance

1. That will be upto the caseworker to decide.
2. According to the guidence u will be breaking the residence with no clear intention to return as u hav canadian immigration.

[xyz123]

but to be honest home office wouldnt know that you are leaving as you have got immigration. it is same as any other holiday that you may be taking....as long as you have a valid visa to enter back into UK.

post your full history i.e. visas and dates for people to give you more suitable advise.

[ash786]

but to be honest home office wouldnt know that you are leaving as you have got immigration. it is same as any other holiday that you may be taking....as long as you have a valid visa to enter back into UK.

post your full history i.e. visas and dates for people to give you more suitable advise.

1. HO will find out as Canadian Imigration visa will be stamped in the passport.

2. Also wen u apply for visas it asks if you had or hold any other nationality.

[GurvinderSingh]

but to be honest home office wouldnt know that you are leaving as you have got immigration. it is same as any other holiday that you may be taking....as long as you have a valid visa to enter back into UK.

post your full history i.e. visas and dates for people to give you more suitable advise.

1. HO will find out as Canadian Imigration visa will be stamped in the passport.

2. Also wen u apply for visas it asks if you had or hold any other nationality.

Thanks for your advise.

What if I keep all the record i.e. Return tickets, one week hotel booking etc and also show that I got one week holiday from my work to visit to Canada. Besides I owned my own house in the UK so if I could show them that I didn't even try to sell my house when i was leaving, Do you think that I can justify that my intention was not to leave the UK for good.

Any advise.

[Natita]

In my humble opinion, I don't think the one week landing trip would be a problem, especially with supporting evidences of your ties and commitment in UK (that you have not given up work and mortgage), which would indicate clear intention for coming back, your residency in UK should therefore not be considered broken just because of that particular trip.

Considering the tighter/changing UK immigation rules, I would go ahead activate your PR status in Canada just in case. And even if you don't want to live there for good, try to maintain it as far as you can for wider job market. (We had not maintained our status and lost it 3 years ago...and I regret it.)

[GurvinderSingh]

In my humble opinion, I don't think the one week landing trip would be a problem, especially with your supporting evidences of your ties and commitment in UK (that you have not given up work and mortgage), which would indicate clear intention for coming back, your residency in UK should therefore not be considered broken because of that particular trip.

Considering the tighter/changing UK immigation rules, I would go ahead activate your PR status in Canada just in case. And even if you don't want to live there for good, try to maintain it as far as you can for wider job market. (We had not maintained our status and lost it 3 years ago...and I regret it.)

Much appreciated Natita....Thanks for your advise and hopefully I will get UK ILR as well.

[raymasa2]

Hi

I have a question into my mind and hope somebody will give me an advise.

My wife applied for immigration to canada and we have got it now. As we need to enter into Canada with in a certain time period, we will be going in Feb11 however we will come back with in a week. I don't want to stay in Canada if I get UK ILR however I don't want to loose my canadian immigration as I am not sure if I wll be able to qualify for UK ILR.

My question is if I leave UK for a week and come back, will I be able to apply for ILR as the rules says "The continuous residence would be deemed to be broken. This would be instances where the applicant left the UK and by doing so, showed clear intention not to return".

Please advise me if my continuous residence will be broken in this case.

Thank you in advance

Most probably, you should be ok, as others have suggested. I applied for and received ILR in 2009 and had my Canadian immigration visa on my passport at the time.

I recently applied for British citizenship (November 2010) and received it in January this year, even thou I landed in Canada (for 2 weeks) and had that stamped on the passport as well.

While each caseworker will look at these things individually, if you have established yourself in the UK, the Canadian visa should not affect your ILR or British citizenship application.

Ray

[Mayurkakadiya]

first thing i need to know which country you was born? and which nationality you was enter in U.K.?

You can not leave the your own country nationality anyhow.
The union of world are just authorizes One person only hold a two country nationalities. So first is your own Country and second will you can choose.

If you get ILR in U.K. then you applied for British passport after that when you applied Canadian Passport. they will ask you to cancel the British Citizenship First.

My Brother got Same Problem When he was Get his USA Citizenship.

I hop you will got your answer.

[raymasa2]

first thing i need to know which country you was born? and which nationality you was enter in U.K.?

You can not leave the your own country nationality anyhow.
The union of world are just authorizes One person only hold a two country nationalities. So first is your own Country and second will you can choose.

If you get ILR in U.K. then you applied for British passport after that when you applied Canadian Passport. they will ask you to cancel the British Citizenship First.

My Brother got Same Problem When he was Get his USA Citizenship.

I hop you will got your answer.

That is not correct. As long as a country allows multiple citizenship, you can hold as many as you like. I know people who hold 3 citizenships.

I would be happy to see any particular law you are referring to, would you mind sending a link?

Ray