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Topic: Sabbatical after we get our ILR  (Read 1413 times)

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Sabbatical after we get our ILR
« on: March 08, 2020, 05:08:26 PM »
Hey gang happy Sunday. So next year my (American) wife can apply for her IRL..

We were thinking of taking a 6 month career break / sabbatical once that was granted.

At some point she would like to apply for UK Citizenship, so I was wondering if it was wiser to take the sabbatical after citizenship was granted, or if the 6 months out of the UK would have no bearing on the Citizenship application?

Thanks in advance for any info x

R


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Re: Sabbatical after we get our ILR
« Reply #1 on: March 08, 2020, 05:15:16 PM »
Hey gang happy Sunday. So next year my (American) wife can apply for her IRL..

We were thinking of taking a 6 month career break / sabbatical once that was granted.

At some point she would like to apply for UK Citizenship, so I was wondering if it was wiser to take the sabbatical after citizenship was granted, or if the 6 months out of the UK would have no bearing on the Citizenship application?

Thanks in advance for any info x

R

Get the citizenship done first so that you can meet the residency requirements.

Residency requirements
You should not have:

spent more than 270 days outside the UK during the 3 years before your application
spent more than 90 days outside the UK in the last 12 months


https://www.gov.uk/apply-citizenship-spouse


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Re: Sabbatical after we get our ILR
« Reply #2 on: March 08, 2020, 05:36:56 PM »
Get the citizenship done first so that you can meet the residency requirements.

Residency requirements
You should not have:

spent more than 270 days outside the UK during the 3 years before your application
spent more than 90 days outside the UK in the last 12 months


https://www.gov.uk/apply-citizenship-spouse

Thanks for the super quick reply. That was my hunch so good to know. Cheers


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Re: Sabbatical after we get our ILR
« Reply #3 on: March 09, 2020, 09:22:39 AM »
On this note - are there any limits on time spent outside the UK when on FLR or ILR? I am due for FLR soon, and ILR in autumn 2022. I don't plan to apply for citizenship.

My husband and I were thinking of spending more time back in my native Canada. We will be together almost all the time, whether home in the UK or away. Can keep travel docs to show that...

On FLR or ILR, how long can you be away? Are there different criteria for being away if you are away together?

Thanks!
 


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Sabbatical after we get our ILR
« Reply #4 on: March 09, 2020, 09:29:33 AM »
There are no limits for FLR or ILR, but you must be able to show that:
- the UK is your primary residence
And
- you and your spouse have lived TOGETHER for the entire 5 years

So, if you go to Canada together, that’s fine... as you will have continued to live together.

BUT if you were to go to Canada alone for a long period of time, and your spouse was to stay in the UK, and you didn’t have a good reason for having to live apart (like military deployments or your UK company sending you to work abroad), then that could affect your ability to qualify for FLR and ILR.

As an aside I would seriously recommend applying for citizenship once you have ILR... because ILR only remains valid if you continue to live in the UK - if you move away for more than 2 years, your ILR becomes invalid and if you wish to move back to the UK, you have to start all over again with spousal visas, FLR and ILR. But if you get citizenship, you can come and go from the UK for the rest of your life without worrying about visas.

Note that you can apply for citizenship at any time after gaining ILR, so if you don’t meet the residency requirements right away, you can just wait until you do meet them before you apply.


Sent from my iPhone using Tapatalk


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Re: Sabbatical after we get our ILR
« Reply #5 on: March 09, 2020, 08:49:17 PM »
Wow, that's extremely helpful. Thanks SO much!


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Re: Sabbatical after we get our ILR
« Reply #6 on: March 09, 2020, 08:51:53 PM »
PS: re citizenship, what do you mean by "if you don’t meet the residency requirements right away"...
Do you need more than the 5 years that were already needed to get ILR?
Thanks again!


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Re: Sabbatical after we get our ILR
« Reply #7 on: March 09, 2020, 09:42:20 PM »
PS: re citizenship, what do you mean by "if you don’t meet the residency requirements right away"...
Do you need more than the 5 years that were already needed to get ILR?
Thanks again!

No, but you can't have been outside the UK for more than a certain number of days in the 3 years before applying. So, if you have been outside the UK for too many days in those 3 years, you would need to wait until you were under those number of days before you applied.

If you are married to a UK citizen, the citizenship residency requirements are:
- you must hold ILR  (for any length of time)
- you must have physically been inside the UK exactly 3 years prior to your citizenship application date (i.e. if you apply on December 1st 2022, you must have been in the UK on December 1st 2019)
- you have not been outside the UK for more than 270 days in the 3 years before applying (i.e. since December 1st 2019)
- no more than 90 of those 270 days can have been in the final 12 months before applying (i.e. since December 1st 2021)

When working out the number of days, you don't count the days you left or returned to the UK, as you were inside the UK for part of those days... so, if you leave the UK on Monday and return on Friday, that only counts as 3 days outside the UK (Tue, Wed and Thu).

So, say for example, you spent 100 days in Canada in 2020, 70 days in Canada in 2021 and 85 days in 2022, you could apply for citizenship as soon as you got ILR, because you would have only been outside the UK for 255 days in the last 3 years.  But if you spent 80 days in Canada in 2020, 120 days in 2021 and 90 days in 2022, you would have been outside the UK for 290 days in the 3 years, so you would have to wait until those extra 20 days dropped off before applying.


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Re: Sabbatical after we get our ILR
« Reply #8 on: March 10, 2020, 07:27:31 AM »
OK got it...  the examples are extremely helpful. Now I totally get it.
Thank you once again!


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