Applying from outside UK

[umorningstar]

Hi,

I am currently considering career options right now so your answer to my question is very crucial.

I am currently on Tier 1 visa and eligible for ILR in March 2012 (5 years work permit + tier 1 visa combined). I plan to apply for ILR in Feb 2012. I read from the UKBA website that one can apply 28 days in advance. Is that correct? I understand after one-year under ILR you could apply for British citizenship.

Now the problem I am considering doing a degree outside UK which starts in January 2013. So I will be away from UK in January 2013. Is it a good idea? I will be very grateful if you can give any suggestions as its very important time in my career.

Thanks

[osteophytes]

Hi,

I am currently considering career options right now so your answer to my question is very crucial.

I am currently on Tier 1 visa and eligible for ILR in March 2012 (5 years work permit + tier 1 visa combined). I plan to apply for ILR in Feb 2012. I read from the UKBA website that one can apply 28 days in advance. Is that correct? I understand after one-year under ILR you could apply for British citizenship.

Now the problem I am considering doing a degree outside UK which starts in January 2013. So I will be away from UK in January 2013. Is it a good idea? I will be very grateful if you can give any suggestions as its very important time in my career.

Thanks

Yes you can apply 28 days before for ILR.

For your naturalisation it will be tricky.

If you leave UK in January 2013 and come back and apply for naturalisation, you might not meet the future intention requirements.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

My advice would be

FOR ILR:
Apply for ILR at PEO and that will help you to get ILR same day itself (in February 2012). If you apply by post it can take 2 to 6 months

FOR NATURALISATION
Apply for Naturalisation in February 2013 (should be ATLEAST 12 months or more from the date of ILR stamp) and then go abroad. You can apply using NCS and you get the passport back the same day. You have to stay in the country for 5 days after the application

[umorningstar]

Thanks osteophytes for replying. unfortunately, its a year long course and i need to be present in January 2013 otherwise i can't take it.

I have waited so long to get citizenship so I have no option but to stay and apply for it in feb 2013. Of course that depends on whether I get the ILR which I'm pretty confident that I will since I meet all the requirements for it.

[umorningstar]

I was reading the link you sent. It says

2.3 If the applicant is abroad or is about to go abroad for a continuous period of more than six months, the application should normally be refused, and the applicant should be advised to re-apply, on return to the UK, for permanent residence and if the normal requirements are met. An exception may be made to the general rule, however, where:

b. the applicant is undertaking studies, training or employment abroad which is necessary to pursue a United Kingdom based profession, vocation or occupation


So my next question will be is it easy to obtain an exception or one shouldn't be risking it?

[osteophytes]

I was reading the link you sent. It says

2.3 If the applicant is abroad or is about to go abroad for a continuous period of more than six months, the application should normally be refused, and the applicant should be advised to re-apply, on return to the UK, for permanent residence and if the normal requirements are met. An exception may be made to the general rule, however, where:

b. the applicant is undertaking studies, training or employment abroad which is necessary to pursue a United Kingdom based profession, vocation or occupation


So my next question will be is it easy to obtain an exception or one shouldn't be risking it?

This is outside the usual scenario and I am not the right one to advice. If you write an explanation letter they might consider. If you have a house here or if your spouse is based here that would be an advantage. But it all depends on the case worker! I cant predict what they will do. Let us see what other people got to say or you can ask for a legal opinion.