Does UK ILR status allow work in the EU?

[kdynamic]

Does permanent residence in the UK (indefinite leave to remain) allow one to work in other EU countries? Or is it for the UK only?

The person in question (Japanese citizen) has resided in the UK for 8 years and originally was granted ILR status while married to a British citizen (since divorced). He now wants to work in the EU.

(I apologize if this is an ignorant question. I searched quite a bit but I couldn't find a definitive answer).

Thank you!

[sakura]

IMHO, ILR does not give you the right to live/work around the EU. He will need to either apply for British Citizenship (and thus renounce his Japanese citizenship) to live/work in the EEA, or apply for a visa to whichever country he is interested in. Note that if he does this and leaves the UK for more than 2 years he may lose his ILR. Does he want to apply for BC at all?

[SYH]

Can EU freedom of movement help?

[Wanderer]

I agree with Sakura. ILR is UK PR only and gives no EU rights at all.

[kdynamic]

Thanks for the quick replies.

To answer your question, he has said that he doesn't want to renounce his Japanese citizenship, but I think it's more for sentimental reasons. He may decide to apply for British citizenship in the future. But that process of course takes time and ideally he wants to start working in the EU in just a few months.

Currently he is looking into employment in some EU countries and seeing if it's possible to get a visa. He is a highly skilled worker, so there is some chance. But obviously if his UK ILR status has any bearing on working in the EU, it would be very helpful.

The 2-year regulation regarding losing ILR status is definitely something to keep in mind. Thanks for the reminder.

All the information about working in the EU I am finding applies only to either UK citizens or EU citizens, and the info about ILR holders only talks about working in the UK. Does anyone have a link to some kind of official explanation regarding ILR holders in the UK and their rights in the EU?

[JAJ]

I believe you can move and work elsewhere under EU freedom of movement.

That does not apply to ILR holders.

[bbdivo]

I believe you can move and work elsewhere under EU freedom of movement.

Are you sure about that? I didn't think this was possible, I know there was talk about an act being put in place, but has anyone actually tried to enter another European country once you have got ILR (but normally require a visa to enter that country)?

[SYH]

Again ILR does not give you rights to work elsewhere in Europe
If you as an EU member (UK citizen) move to an EU country, your partner can move with you and work as well.
These are two separate rights

[JAJ]

Thanks for the quick replies.

To answer your question, he has said that he doesn't want to renounce his Japanese citizenship, but I think it's more for sentimental reasons. He may decide to apply for British citizenship in the future. But that process of course takes time and ideally he wants to start working in the EU in just a few months.

Currently he is looking into employment in some EU countries and seeing if it's possible to get a visa. He is a highly skilled worker, so there is some chance. But obviously if his UK ILR status has any bearing on working in the EU, it would be very helpful.

The 2-year regulation regarding losing ILR status is definitely something to keep in mind. Thanks for the reminder.

All the information about working in the EU I am finding applies only to either UK citizens or EU citizens, and the info about ILR holders only talks about working in the UK. Does anyone have a link to some kind of official explanation regarding ILR holders in the UK and their rights in the EU?

It's decision time for him. Naturalisation will take about 6 months and as he is not married to a British citizen, he must intend to remain resident in the UK until he is sworn in as a British citizen.

If he leaves without British citizenship, then his ILR is at risk as soon as he is no longer living in the UK, even if he is absent less than 2 years.

Not only will his ILR give him no rights in another EU state, living in another EU state does not count for the purposes of keeping ILR.

So if his plans in the other European country don't work out, he will have nowhere to go other than back to Japan.

You won't find any "official explanation" about the rights of ILR holders in other EU states for the simple reason that such "rights" are non-existent.

[JAJ]

I believe you can move and work elsewhere under EU freedom of movement.

Are you sure about that?

Whether he's sure or not - it's wrong.

[SYH]

I believe you can move and work elsewhere under EU freedom of movement.

Are you sure about that?

Whether he's sure or not - it's wrong.

Everyone is so helpful
Can you explain why instead of just saying wrong.

Its probably because the UK is not participating in this arrangement.
N'est ce pas?

Remember I am not stating ILR gives freedom of movement
I am suggesting that EU rights provide some freedome of movement within the EU for moving and residing, working outside your member state for a third county national apartner of an EU spouse.

[kdynamic]

The reason I asked if anyone could link to a more detailed or official explanation is that he needs to gather all the information in order to make this big life decision.

He has been out of the UK for nearly a year at this point (travelling around the world), but has maintained residence in the UK (no job anywhere else, bank accounts and belongings in the UK, paying taxes, etc). But it's my understanding that you need to be in the UK for 90 days before putting in an application for citizenship. So taking that into account, it would be at least 9 months to go through the process assuming he decides he wants to.

If he leaves without British citizenship, then his ILR is at risk as soon as he is no longer living in the UK, even if he is absent less than 2 years.

This bit of information concerns me. So if he gets a job in an EU country and stays for, say, a year, he might lose his ILR? If the 2-year mark isn't a solid timeframe, by what criteria do they judge revoking ILR? Would his time spent traveling as described above count toward this time limit (since he maintained residence even though he wasn't physically present in the UK)?

[JAJ]

Everyone is so helpful
Can you explain why instead of just saying wrong.

It's because free movement of labour rights under the EU/EEA Treaties only apply to citizens of the member states!

[SYH]

But it's my understanding that you need to be in the UK for 90 days before putting in an application for citizenship.

I thought it was being away for no more than 90 days was the requirement for the last year before applying citizenship

[SYH]

Everyone is so helpful
Can you explain why instead of just saying wrong.

It's because free movement of labour rights under the EU/EEA Treaties only apply to citizens of the member states!

Actually I think their partners can avail themselves of those rights

[JAJ]

The reason I asked if anyone could link to a more detailed or official explanation is that he needs to gather all the information in order to make this big life decision.

I'm just curious here. If this is such an important decision, why is he not researching the information himself?

He has been out of the UK for nearly a year at this point (travelling around the world), but has maintained residence in the UK (no job anywhere else, bank accounts and belongings in the UK, paying taxes, etc). But it's my understanding that you need to be in the UK for 90 days before putting in an application for citizenship. So taking that into account, it would be at least 9 months to go through the process assuming he decides he wants to.

There is some flexibility on the residence requirements, but not much. See Annex B to this section of the Home Office Nationality Instructions for a full explanation:
http://www.ind.homeoffice.gov.uk/documents/nichapter18/

He is probably quite close to re-setting the whole 5 year clock for naturalisation.

Annex F explains the future intentions requirement.

This bit of information concerns me. So if he gets a job in an EU country and stays for, say, a year, he might lose his ILR? If the 2-year mark isn't a solid timeframe, by what criteria do they judge revoking ILR? Would his time spent traveling as described above count toward this time limit (since he maintained residence even though he wasn't physically present in the UK)?

There are two requirements to keep ILR, and both must be complied with:

1. Keep one's "home" in the UK; and
2. Limit any physical absences from the UK to 2 years or less.

For example, just returning to the UK for a short visit every 2 years won't do (because criterion 1 is failed). On the other hand if criterion 2 is failed (excess length of absence) but criterion 1 is met (home in the UK) then it might be possible to keep ILR by obtaining returning resident entry clearance. See the information for returning residents at http://www.ukvisas.gov.uk

There are some circumstances in which ILR may be retained but the 5 year naturalisation clock would be reset.

Bottom line in all of this is that ILR is easy to lose and won't be easy to get back (especially with the rule changes of recent years).

[JAJ]

Everyone is so helpful
Can you explain why instead of just saying wrong.

It's because free movement of labour rights under the EU/EEA Treaties only apply to citizens of the member states!

Actually I think their partners can avail themselves of those rights

Yes but you are confusing the situation here because the person in question doesn't have a partner. UK ILR does not give any residence rights outside the United Kingdom.

[SYH]

Yes but you are confusing the situation here because the person in question doesn't have a partner. UK ILR does not give any residence rights outside the United Kingdom.

Ok fair enough, I must have lost the plot

[kdynamic]

I'm just curious here. If this is such an important decision, why is he not researching the information himself?

Well... he has been researching himself. But it's a complicated issue and I am helping to gather information for him. I don't really see why that should be a problem.

Thank you for taking the time to give me some answers. I will take a look at those links and pass on the information to him so he can consider his options.