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Topic: indefinate leave really indefinate?  (Read 704 times)

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indefinate leave really indefinate?
« on: April 21, 2009, 03:18:54 PM »
Hi
My USC spouse and I (UK Citizen by birth) have lived in the UK together for 8 years now. With a break of 1 year in the US. He has a Uk visa for indefinate leave... with all the changes now to immigration, I'm wondering if anyone can advise me, does he need to take UK citizenship, or is that indefinate leave always going to be indefinate?
Many thanks
AH


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Re: indefinate leave really indefinate?
« Reply #1 on: April 21, 2009, 03:21:12 PM »
If he leaves the UK for more than 2 years, ILR can be lost. The government is trying to push everyone to get citizenship who is able to, and it's only going to get more expensive, so it really is worth it. US citizenship is not lost by taking UK citizenship as well.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


Re: indefinate leave really indefinate?
« Reply #2 on: April 21, 2009, 03:22:04 PM »
Those currently on indefinite leave to remain will not be affected regarding the impending changes and yes, indefinite leave is indefinite...But if he ever did want to go for citizenship he should. If he's worried about losing his US citizenship he won't, as the US allows dual citizenship, unless he specifically reounces to the Embassy.

x-posted with superl99


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Re: indefinate leave really indefinate?
« Reply #3 on: April 21, 2009, 03:39:41 PM »
If he leaves the UK for more than 2 years, ILR can be lost.

I didn't know this - where is it written in the rules?


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Re: indefinate leave really indefinate?
« Reply #4 on: April 21, 2009, 03:49:05 PM »
Immigration rules.

A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

    (i) had indefinite leave to enter or remain in the United Kingdom when he last left; and

    (ii) has not been away from the United Kingdom for more than 2 years; and

    (iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and

    (iv) now seeks admission for the purpose of settlement.

19. A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.

19A. Where a person who has indefinite leave to enter or remain in the United Kingdom accompanies, on a tour of duty abroad, a spouse, civil partner, unmarried partner or same-sex partner who is a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service, or a comparable United Kingdom-based staff member of the British Council, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, sub-paragraphs (ii) and (iii) of paragraph 18 shall not apply.

20. The leave of a person whose stay in the United Kingdom is subject to a time limit lapses on his going to a country or territory outside the common travel area if the leave was given for a period of six months or less or conferred by a visit visa. In other cases, leave lapses on the holder remaining outside the United Kingdom for a continuous period of more than two years. A person whose leave has lapsed and who returns after a temporary absence abroad within the period of this earlier leave has no claim to admission as a returning resident. His application to re-enter the United Kingdom should be considered in the light of all the relevant circumstances. The same time limit and any conditions attached will normally be reimposed if he meets the requirements of these Rules, unless he is seeking admission in a different capacity from the one in which he was last given leave to enter or remain.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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