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  1. #1
    Forum Regular สมาชิกประจำ
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    Default ILR Options - Job offer abroad.

    My wife came here on the 5 year route in January 2013 and is due to apply for ILR in December this year. I have just received a job offer working abroad which is likely to start in September. This will mean we have left the UK before she applies for ILR which is really disappointing after almost 5 years of been in the Uk and been so close to been able to obtaining ILR and citizenship, even more so with all the money spent in fee's

    Is there any way she can obtain ILR even if it means her remaining in the UK while I'm working abroad? We have 2 children who are British citizens also.

    Thanks

  2. #2
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    I believe she can still get her ILR even if you are working away. I wouldn't say it's permanent though and I presume you would be able to come back occasionally?

    Seems a shame for her to miss out on getting a passport when she's not so long to go - who knows what the future holds?

    If she does stay she needs to go the 'whole hog' and get citizenship and a passport - ILR alone may not be enough. See this thread:

    http://thailand-uk.com/forums/showth...-advice-please

  3. #3
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    From what I have read on many posts is that if your wife gets ILR and then you move abroad for more than two years there is a strong possibility she would lose ILR status for being out of the country for that length of time ..So she should get dual nationality if possible..
    Would seem to be a difficult choice?

  4. #4
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    Quote Originally Posted by tudorowen1 View Post
    From what I have read on many posts is that if your wife gets ILR and then you move abroad for more than two years there is a strong possibility she would lose ILR status for being out of the country for that length of time ..So she should get dual nationality if possible..
    Would seem to be a difficult choice?
    Yes but surely there's a difference between moving abroad and working abroad?

  5. #5
    Premium Member ash's Avatar
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    Commute if possible until she gets ILR then assuming she has the relevant language tests Citizenship tests liuk etc etc get the citizenship done asap afterwards it up to you.
    Human beings are seventy percent water, and with some the rest is collagen

  6. #6
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    I have read of several people losing ILR status for moving away to Thailand for 2 years or so..On the other hand some spouses returned to Thailand for a considerable time to look after elderly relatives and they did not lose ILR status....It might be that each case is looked at on an individual basis..Your argument that you are moving for employment is a reasonable one..Perhaps you should consult an immigration lawyer? Or perhaps Tobias on this forum could give his thoughts..

  7. #7
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    Quote Originally Posted by Flip View Post
    I believe she can still get her ILR even if you are working away. I wouldn't say it's permanent though and I presume you would be able to come back occasionally?

    Seems a shame for her to miss out on getting a passport when she's not so long to go - who knows what the future holds?

    If she does stay she needs to go the 'whole hog' and get citizenship and a passport - ILR alone may not be enough. See this thread:

    http://thailand-uk.com/forums/showth...-advice-please
    Yes I would come back whenever possible and she would apply for citizenship as soon as she get ILR

    - - - - - - - u p d a t e d - - - - - - -

    Been reading the rules and the confusing bit is this statement

    (a) the applicant and their partner must be in the UK;

    This is so ambiguous, what does be in the UK mean? on the day of application? permanently? it could mean anything.

    - - - - - - - u p d a t e d - - - - - - -

    The other thing is the new form (SET-M 04/2017) has the following questions on income

    8.3 Are you working in the UK?

    8.4 Is your partner working in the UK?

    So seems they wont accept foreign income as income to count towards the £18600 ?

  8. #8
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    I'll try to get back to answer your questions shortly if no one else has - a little busy at the moment. In the meantime, can you detail your working hours in the job you've been offered? Will you be on a rotation basis - i.e. 6 weeks on, 2 weeks off? Do you know how often you will be able to return to the UK and roughly where is the job based?

  9. #9
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    Sorry for late reply, no its just a regular 9-5 working 5 days a week. I could possibly come home for one week per month using the holiday entitlement so it would be 3 weeks there then home for a week. The big issue I see is the fact that the income will be from a foreign source as the new form specifically asks about salaries earned in the UK. There is no option to enter any other salaries.

    Steve

  10. #10
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    Right, well I would recommend that you write to the Home Office, explain that you and your wife are settled in the UK but you are considering taking a job abroad for a couple of years but will be coming home regularly. Ask for their advice.

    On one hand it would seem unfair that a British Citizen's wife should be prevented from obtaining ILR when she is in fact, remaining in residence - if that is the case. But on the other hand, you will not be officially classed as resident as you will be out of the country for more than 180 days and I'd guess you will pay tax in another country?

    I would still write and seek advice - there must be others in this situation, I'm thinking oil workers etc.

  11. #11
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    My experience of phoning the Immigration enquiry line was that people on this forum tend to know more than them..I think an experienced Immigration lawyer/solicitor perhaps would be a better bet to ask..

  12. #12
    Premium Member ash's Avatar
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    Not sure I get this will your wife be joining you overseas in the new job ?
    What country are you working in?
    Can you take the job leave your family in the UK and return weekends regularly until she can become a citizen?

    If so that should be no problem other than the separation
    Human beings are seventy percent water, and with some the rest is collagen

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