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Leaving the UK after getting my ILR

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

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tonynz
Junior Member
Posts: 71
Joined: Mon May 12, 2008 12:21 pm

Leaving the UK after getting my ILR

Post by tonynz » Fri Feb 01, 2013 4:52 pm

Hi guys I was wondering if you could help me with my ILR.

I'm one more year away from getting my ILR and am planning to stay to get it.

After I get it, if I decide to move back home to New Zealand - say for a year, and decide to come back to the UK and work.

Does that mean I can still carry on living an extra year and get my UK passport?

What do I need to watch out for when comes to getting my ILR and leaving the country?

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Feb 01, 2013 5:07 pm

You don't lose the ILR status if you return to live in the UK within 2 years.

For naturalisation there are certain residential requirements. Two of the are:
* less than 450 days outside the UK within the 5 years prior to applying.
* less than 90 days outside the UK in the last year before applying.

If you return to the UK after 1 year aboard, then after about 9 months you could satisfy the second requirement (assuming you don't travel any more). Satisfying the first requirement depends on the travel history for the relevant years.

tonynz
Junior Member
Posts: 71
Joined: Mon May 12, 2008 12:21 pm

Post by tonynz » Fri Feb 01, 2013 5:45 pm

Jambo wrote:You don't lose the ILR status if you return to live in the UK within 2 years.

For naturalisation there are certain residential requirements. Two of the are:
* less than 450 days outside the UK within the 5 years prior to applying.
* less than 90 days outside the UK in the last year before applying.

If you return to the UK after 1 year aboard, then after about 9 months you could satisfy the second requirement (assuming you don't travel any more). Satisfying the first requirement depends on the travel history for the relevant years.
Thanks! Since you are such a guru ;) I was wondering if you happened to know the laws around spouse visa (my partner is Swedish) - so will it be hard for me to re-enter to under spouse? - We are trying to weigh up our options!

I know the following about spouse
- She needs to be here working, settled on at least £18k
- Provide accommodation
- Have sufficient funds etc

Or is there a simpler way where we can just come back in the country, and sending in forms to show that we are a married couple?

Thanks!

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