What happens if you fail to pay ILR on time?

Hello All,

I haven't been able to find much on this topic but I'm hoping to find some answers or thoughts nonetheless. This November will be two years of living in the UK on a spouse visa, and then I'm due for my ILR visa. My UKC husband and I are discussing the possibility of moving to the States.

With my UK husband on board for a move back, I'm not sure if it really makes sense for us to spend an eye-watering fee for the ILR, only to leave six months later. Why not leave before it expires? Sure, that's an obvious solution I know, but we're still not decided yet. If you fail to pay on time, will you automatically be denied ILR?

We do have the funds to pay for it, but hypothetically speaking, what would happen if we didn't? Is there an extension given? Judging by the Human Rights Act on deportation in the UK, I can't honestly picture someone knocking on my door and putting me in handcuffs for not paying the ILR. (Don't worry, I won't let it come to that). I am just genuinely curious is all.

Good heavens.  Presumably  you mean ILR? If so, then yes, you have to get it if you want to stay.  Once your visa expires, you're illegal.  Whether you're deported or not is a separate matter.

I'm not sure about the payment issue but it's worth thinking about a few things in terms of logistics:

1) It might be worth just getting ILR anyway. That way, if you move to the US and then decide to move back to the UK again within 2 years of leaving, you can just enter on your ILR again with no issues.

2) If you don't get ILR, but decide to move back to the UK later on (or you do get it and move back after more than 2 years), you will have to start the visa process from scratch again, which means meeting all the new financial requirements, not qualifying for ILR for 5 years and having to pay for two 2.5 year spousal visas.

3) The process for him being able to move to the US is a long one... if you haven't started it yet, it's going to take around 8-10 months for the US visa to be granted and for him to be able to move to the US.

Unless you're happy to be separated for several months, it might be worth applying for ILR in November and staying in the UK until you qualify for citizenship next year (while going through his US visa application process at the same time) - i.e. if it's going to be 6 months from November before he can move to the US, then why not wait an extra 6 months to qualify for citizenship? That way you won't have wasted the ILR fee (much) and you will never have to worry about UK visas or immigration again.

Ksand24 - Thank you for your reply, it was very informative and gives me food for thought. As mentioned, its purely a hypothetical question.

I will most likely get the ILR in November rather than going back before that time; however, I was always under the impression that the US frowns on dual nationality for its citizens? I wouldn't want to create any problems in the US with that; but I may consider that option.

Also the intention is that my husband and I will have to separate for some months as I'll need to find a job and health insurance for us first. Husband is horrified about our health care system and not being covered - rightfully so. Also, we don't want to both move and be unemployed at the same time. Luckily, I still have my parents' place to call home until I can get on my feet.

The US doesn't seem to care about people having dual nationality, so long as you keep up your obligations to the US (i.e. file those taxes!).  I got my UK citizenship about a month before we moved back to the US.  It was expensive to do with no "immediate" benefits in sight, but it's very nice to know that we don't have to deal with immigration if we decide to move back to the UK.  Plus, it's kind of fun to tell people in the US that I am British now!

As I've said before (barring highly unlikely events in the future like the US and UK going to war against each other) basically the only disadvantage for a US-born citizen obtaining UK citizenship is that it may be harder to obtain a US-government security clearance if you're interested in a job that requires one. (Someone in the converse position, a UK-born citizen obtaining US citizenship, does have a few reasons for not wanting to become a USC such as the permanent international tax requirements.)

Theres no way you could get ILR without paying for it.  If your payment does not clear then you would be refused automatically.   Were you under the impression that it was something you just qualified for without having to apply?


I would strongly, strongly recommend that you obtain UK citizenship before leaving for the US.   The new rules will make it very difficult for couples residing abroad to return to the UK.  You may find yourselves wanting to move back later in life but unable to as you can't get the spouse visa anymore.

As others have pointed out, there's almost no disadvantage in a USC becoming a UKC