Thursday, 4 December 2014

Pitfalls Of UK Indefinite Leave To Remain!

Do you have an ILR? Don't make this mistake

The Indefinite Leave to Remain or ILR visa is visa which grants its holder permanent residency in the UK. If you currently hold an ILR you must be cautioned that it can be lost if you aren’t aware of the conditions it holds. The biggest mistake most ILR visa holders make is to assume that your stay in the UK is now permanent once your visa is granted. Many people get this visa and then leave the UK to pursue other things with the reasoning that they can always come back if things don’t work out elsewhere.

You will lose your ILR if you leave the UK for more than 2 years and will have to start all over again in the future, unless you can show that all your family are in the UK. Indefinite Leave can be lost, and many lose it as a result of being away for more than 2 years, such as working abroad or moving back home to help out with family. ILR can also be lost by committing some offences that carry imprisonment for more than 4 years.

So how do you avoid this happening to you?

If you have plans on leaving the UK for an extended period of time ensure you apply for your British Citizenship first before you leave. If you meet the correct criteria to apply for Citizenship you only need to submit an application and not wait for your citizenship to be granted. Provided you can submit the right documents (which Migration Expert UK can help you with), your application for Citizenship is based on the time before the date of application, not after.

So, you can apply and then leave because your absences will be counted up to the date of application, not the date of decision. However, you will need to submit your passport with the application. Although you can apply to have your passport back, this may delay the application being processed.

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.

Having a British passport you will be able to work in any EU country!

Kuda Mangwe | Migration Expert UK

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