Indefinite Leave is not ‘indefinite’!
Certainly not as indefinite as most
people think. This post is of vital importance to those who have secured an
Indefinite Leave to Remain (permanent residency status) in the UK and who are
thinking of relocating abroad or taking a job abroad. You will lose your ILR if
you leave the UK for more than 2 years in a row and will have to start all over
again in the future. Indefinite Leave can be lost, and many lose it, as a
result of being away for more than 2 years, such as working in Australia, USA
or the Middle East etc.
What’s the solution? First to apply
for British Citizenship, then to go. Please note we say ‘to apply’ and not ‘to
get’. In other words, assuming you meet the requirements and can provide the
right documents (which we can advise on), your application for Citizenship is
based on the time before the date of application, not after. So, you can apply
and then take a job offer abroad because your absences will be counted up to
the date of application, not the date of decision.
Once you have an approval, you could
come back to the UK for a citizenship ceremony where you would be given a
certificate. You become British with that certificate, not with a passport.
Once you are a British citizen, you could leave the UK for as long as you wish without
losing that status. Not to mention that with a British passport you will be
able to work in any EU country!
PS Those applying for an ILR recently
may have noticed that a biometric card (while saying Indefinite) is valid for
10 years. Those who applied under the EU law had it for many years now (those
who applied on EEA4 form, ie non-EU family members of EU nationals). So, this
is not a mistake and the card will have to be renewed every 10 years, meaning
another application, another fee etc. Unless of course you become British by
then.
For an individual
advice or to make an application please contact us:info@1st4immigration.com or visit www.1st4immigration.com
If you are an Immigration Adviser or a Solicitor please visit our
immigration Training and CPD website: www.1st4immigration.com/training