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After Getting ILR

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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tier-1
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Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

After Getting ILR

Post by tier-1 » Fri Feb 01, 2013 7:06 pm

Hello Folks,

Just not clear about what happens after I get the ILR? What is the two year clause after that. Its not clear to me what exactly is it?

Can it be revoked if I go back to my home country after getting the PR. And if revoked, will I be able to apply for tier-1 from home country?

Please help me on this.

Thanks

uksettlement
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Re: After Getting ILR

Post by uksettlement » Fri Feb 01, 2013 7:48 pm

tier-1 wrote:Hello Folks,

Just not clear about what happens after I get the ILR? What is the two year clause after that. Its not clear to me what exactly is it?

Can it be revoked if I go back to my home country after getting the PR. And if revoked, will I be able to apply for tier-1 from home country?

Please help me on this.

Thanks
ILR is indefinite leave to remain so it doesn't have any life time. The 2 years that you have heard is the time period for which you can be out of the UK when you are on ILR. If you are outside for more than 2 years then your ILR lapses.

Also you cannot apply for tier 1 anymore as tier1 no longer exists.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

cs95tdg
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Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Fri Feb 01, 2013 7:51 pm

See: http://www.ukba.homeoffice.gov.uk/visas ... residents/

It means that once you are granted ILR, if you are then continuously away for 2 years, and then want to return to the UK, you would have to apply for EC again. There may be exceptions to this as stated in the link above, but the norm would be that you loose your ILR status as a result of that continuous break in UK residence.

tier-1
Member
Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Post by tier-1 » Fri Feb 01, 2013 8:31 pm

Hey Guys, Many Thanks for the reply.

My plan is that once I get a PR I return to my home country but keep coming in to UK for say a fortnight every year on order to keep my PR status safe ?

Is there anything wrong with this?

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Fri Feb 01, 2013 8:49 pm

tier-1 wrote:My plan is that once I get a PR I return to my home country but keep coming in to UK for say a fortnight every year on order to keep my PR status safe ?

Is there anything wrong with this?
The purpose of ILR is to allow you to permanently settle in the UK. So my take is that it isn't sufficient to just return for a mere visit or two before the stipulated two year period, and then to continue residing outside the UK. You have to return within two years with the intent to continue your settlement in the UK.

However, how stringently this is applied I do not know, and presume it would really depend on the individual circumstances and what an immigration officer at the UK port of entry asks you on your return & how you respond.

tier-1
Member
Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Post by tier-1 » Fri Feb 01, 2013 9:20 pm

If my employer transfers me to USA after PR, will that be counted as being out of country?

Greenie
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United Kingdom

Post by Greenie » Fri Feb 01, 2013 9:22 pm

tier-1 wrote:If my employer transfers me to USA after PR, will that be counted as being out of country?
Yes

tier-1
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Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Post by tier-1 » Fri Feb 01, 2013 9:33 pm

Thanks Friends for the reply.

After I switch over to PR from my tier-1 visa, Would I need to get my wife's dependent visa re-done?

tier-1
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Posts: 180
Joined: Sat Apr 30, 2011 11:38 pm

Post by tier-1 » Tue Feb 05, 2013 10:12 pm

Thanks Friends for the reply.

After I switch over to PR from my tier-1 visa, Would I need to get my wife's dependent visa re-done?

selva
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Joined: Wed Aug 17, 2011 3:21 pm

Post by selva » Wed Feb 06, 2013 2:09 pm

tier-1 wrote:Thanks Friends for the reply.

After I switch over to PR from my tier-1 visa, Would I need to get my wife's dependent visa re-done?
Its depend on your circumstance, if your wife qualify for ILR together then apply together . if not you need to extend her visa

please check ILR section before posting any ILR related questions. Also please post ILR related question to ILR section

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