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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7103
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am a Tier 1 General Migrant and I can apply for Indefinite

Customer Question

Hi, I am a Tier 1 General Migrant and I can apply for Indefinite Leave to Remain in 2012, however, I have been granted PR by Australian Government and I am due to go to Australia to get my visa validated. If I go there and get Australian Stamps on my passport, will that have any bearing on me applying for UK Permanent Residency. I intend to live in UK. Will the UK government say that I cannot apply for UK PR as I already hold PR of some other country.

Any help will be highly apprecaited.

Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Can you just confirm that the “Permanent Residence” that you have been granted by the Australian is based upon your previous intention to remain permanently in Australia and that this is no longer your intention because you wish to settle permanently here.
Kind regards.
Customer: replied 4 years ago.
Hi Tom,

Thanks for the response. I will give you full background of my case. I came to UK on a student visa in Year 2005. After finishing my studies, I switched my visa category from Student to HSMP as I qualified for HSMP Visa. During this Period, there were lot of visa changes were made by the UK Government . I was not sure , what will come next, will the UK Government scrap the Skilled Program category completely, so to protect my interest, I applied for Australian Skilled Migrant Visa as I satisfied their Points Criteria.

I have already lived in UK, under the HSMP/ Tier1 Visa category for four years and next year after completion of 5 Years, I can apply for PR. However, I have got my Australian PR granted and they have asked me to come there and get my visa validated.

I want to live in UK , however, at the same time do not want to miss my chance of getting my Australian Visa validated. For me Australian PR is a fall back measure. In case, if UK government again decide something which makes it difficult for me to apply for PR in UK ( by increasing the Point Requirement or by bringing some other law) atleast I will have my Australian PR.

I have always wanted to live in UK, however, Australian PR is a fall back option which I would like to keep.

Expert:  Thomas replied 4 years ago.

Thanks for your reply.

If your Australian Permanent Residence is confirmation that you have a right to permanently reside there and you have obtained it on the basis that it is your intention that you will permanently remain/reside in Austrailia then the UKBA will not permit you to hold this at the same time as ILR here.

This is because ILR is granted on the basis that you intend to remain permanently here in the UK following you having obtained it. Obviously, this conflicts with Austrailian PR which effectively says the same thing.

It would not prevent you applying for ILR here provided you meet the requirements, but you would have to confirm that you no longer wish to permanently reside in Austrailia under that visa and that you are happy for that PR to be revoked. Ideally You would also arrange the revocation of it (PR) yourself prior to making the application as evidence of your firm intention to stay in the UK under ILR.

If your main aim is to obtain ILR in the UK in one year’s time then, frankly, I would not obtain PR now by going to Australia because this would only be a further complication when you come to apply in the UK.

Sorry it could not be better news, but basically I’m afraid that the UKBA’s view will be that you cannot have your cake and eat it.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,

Customer: replied 4 years ago.
Relist: Answer quality.
I would like to know the objections which UK Home Office will have if I get the Australian Visa Validated ? Do I not have a right to choose where I wish to live ? Is it possible to get any Precedent quoted or any reference to any decision made in a similar situation problem. I found TOM answer very generic, need a better answer.
Expert:  Thomas replied 4 years ago.

I see that you have relisted the question.

You will see that another of the UK Immigration Law solicitors agrees with my answer.

I am very sorry if you think that my answer is too brief or general in nature but this is because this is a general principle applied by the UKBA in immigration matters.

The fact of the matter is that the UKBA will not grant you ILR if you continue to hold an immigration status in another country which is granted on the assumption that you shall permanently live there.

This is because you can only permanently live in one country, by holding both ILR in the UK and PR in Australia you would effectively be granted leave to remain on basis of your living permanently in two place at once, which is obviously not possible.

You will have to choose which of the two you wish to have.

I am sorry it could not be better news, I do hope you appreciate there is little point in my sugar coating your position for you.

I trust this clarifies and should be grateful if you would kindly click accept. If you do not click accept then your deposit stays with the website and I do not receive any credit for the time I have taken to answer your question.

Kind regards,


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