ILR & Canada

[yoyo2015]

Hi All,

I and my wife are on ILR and children have received British passports after processing MN1 application and registration certificate.

Due to some family circumstance my wife [ILR] and children [BC] have to move Canada, while I will continue to work in the UK.

My questions are:-
When I will apply for my UK naturalization, will it impact my case as I am trying to settle in the UK but my family is not here which shows I have now weaker ties in the UK?
While living in Canada will my wife lose his ILR status after two years, or because he is taking care of BC children outside UK is a sufficient reason to maintain ILR?

Please advise.

[milan69]

1. It shouldn't affect your application if you are not applying for discretion.
2. She will lose ILR if absent for more than 2 years regardless of personal reasons.

[yoyo2015]

Thanks for your reply.

I will be applying on the basis of HSMP/Tier-1>ILR route.
I am confused as I heard family not living in the UK impacts naturalization.

[secret.simon]

News to me. I have no family in the UK and got approval for my naturalisation (on the same path as you) within a month and a half.

Mind you, mine was a straight-forward case (salaried, same employer for five years and no dependants).

[yoyo2015]

Thanks.

Yes as you said no dependents, means at the time of ILR you never had family in the uk.

In my circumstance I had family at the time of ILR, but they wont be living in the UK at the time of my naturalization.

[ban.s]

It may impact the future intention requirement but without knowing the detail can't comment further.

[yoyo2015]

It may impact the future intention requirement but without knowing the detail can't comment further.

Can you please elaborate?

I have no requirement other than qualifying for naturalization successfully.

My childern are already British Citizen and moving to Canada with mother due to family reasons.
So I just want to make sure it woudnt effect my status in UK.

[ban.s]

unless married to a british citizen or in crown service, one of the requirements of naturalisation is that you would continue to make UK as your main home. (Q2.3 of the AN form).
if your wife lives in a separate country they may question your future intention of living in the UK after naturalisation (and not joining your family abroad).
perhaps you provide explanation in support of your family circumstances in section 15.

[yoyo2015]

Even if I answer in 2.3 UK is my main base...but If I answer question 1.35 mentioning she living in a different country thats obviously going to raise further questions...so means it may impact my naturalization process?

Can some please share their experience? or confirm if thats going to be a big problem?

[yhdil]

HI,

Can you please inform me what application are you making for your wife?

I have dependent wife Flr M and BC child. They both want to visit their family (Sister and Mother) in Canada for 8 weeks but I am really confused if my wife accompanying with BC child needs visa and if so what type of visit visa?

Can you please help?

Also If I (ILR Holder) accompany my BC 1 year old son, do I have to perform same procedure as of my Mrs?

[yoyo2015]

@Yhdil

Not sure but I guess you and your wife would need to apply for visit visa...and BC child can enter canada due to his non visa exempt passport