When I get an ILR, can I go and work abroad and then apply for British Citizenship?
We are asked this question all the time, especially by Australian citizens. Perhaps it has something to do with the state of economy but more and more people take an opportunity to work abroad, such as in Australia, Singapore, USA, the Middle East, Russia, Brazil, China and many other countries. Most people know not to leave the UK for too long during their 5 years qualifying period on visas like Tier 1 General, HSMP, Tier 2, Work Permit, Ancestral.
However, what happens once you have an ILR? Can you go and work abroad, do you have to come back and when? Can you go and work, say, in Australia for a year, then come back and apply for British Citizenship?
Firstly, an ILR is supposed to be a permanent visa but in fact it's not that 'permanent'. You can lose an ILR if you leave the UK for more than 2 years in a row. Such as leave for 2 years without coming back. An ILR will be lost and you'd have to start residency from the beginning.
So, as long as you don't leave for more than 2 years you would be OK.
However, many do that and then are hoping to apply for British Citizenship, ie to get the best of both worlds: to get a well-paid job abroad and then come back and get a British passport. Most cannot apply for British Citizenship until 12 months after they get an ILR.
So, the trick here is to keep the absences within the limit. British Citizenship (Naturalisation) rules allow no more than 100 days outside the UK in the 12 months before making an application. Plus no more than 480 days within the whole 5 years before applying for Citizenship (this is not the same 5 years as for an ILR). So, the best tactic is either to wait, get Citizenship (or at least apply for one) and then take a job abroad. Once British s British, there is no rule to come back within 2 years, you can leave and work abroad for as long as you like. Unlike an ILR, British Citizenship cannot be lost if you leave for 2 years, or even 20 years (cannot be lost because of absences at all).
If you happen to have to many absences, then you'd need to spend more time in the UK, such as 7 or 8 years instead of usual 6 (5 for an ILR plus 1 year). And any such application will be up to a UKBA caseworker, ie totally at their discretion. If you don't meet the requirements you can apply, take a risk and hope for the best. Decision will be entirely up to the UK Border Agency. The risk may pay off but it is an unknown and each case will be judged on an individual merit.
For more advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com
However, what happens once you have an ILR? Can you go and work abroad, do you have to come back and when? Can you go and work, say, in Australia for a year, then come back and apply for British Citizenship?
Firstly, an ILR is supposed to be a permanent visa but in fact it's not that 'permanent'. You can lose an ILR if you leave the UK for more than 2 years in a row. Such as leave for 2 years without coming back. An ILR will be lost and you'd have to start residency from the beginning.
So, as long as you don't leave for more than 2 years you would be OK.
However, many do that and then are hoping to apply for British Citizenship, ie to get the best of both worlds: to get a well-paid job abroad and then come back and get a British passport. Most cannot apply for British Citizenship until 12 months after they get an ILR.
So, the trick here is to keep the absences within the limit. British Citizenship (Naturalisation) rules allow no more than 100 days outside the UK in the 12 months before making an application. Plus no more than 480 days within the whole 5 years before applying for Citizenship (this is not the same 5 years as for an ILR). So, the best tactic is either to wait, get Citizenship (or at least apply for one) and then take a job abroad. Once British s British, there is no rule to come back within 2 years, you can leave and work abroad for as long as you like. Unlike an ILR, British Citizenship cannot be lost if you leave for 2 years, or even 20 years (cannot be lost because of absences at all).
If you happen to have to many absences, then you'd need to spend more time in the UK, such as 7 or 8 years instead of usual 6 (5 for an ILR plus 1 year). And any such application will be up to a UKBA caseworker, ie totally at their discretion. If you don't meet the requirements you can apply, take a risk and hope for the best. Decision will be entirely up to the UK Border Agency. The risk may pay off but it is an unknown and each case will be judged on an individual merit.
For more advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com
