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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi, Im a Kiwi, Ive recently received UK ILR (Indefinite leave

Resolved Question:

Hi, I'm a Kiwi, I've recently received UK ILR (Indefinite leave to remain) through continuous stay of 5 years with HSMP then Tier 1. I received my ILR in May 2012. This mean by May 2013, I am eligible for citizenship.

I've just been offered a post in an international organisation (Bank of International settlement). the nature of the organisation is similar to the UN. UK is also a member of this organisation.

My question is, if I choose to take up this post and move to Switzerland, what will happen to my ILR and my immigration progress to the UK citizenship, will I...

1) loose ILR? if so, which regulation have I broken? what are ways for me to mitigate around it?
2) keep ILR but not progressing with British citizenship? Why? what are the regulations that supports this?
3) Keep ILR and my time working for the international organisation also counts towards British citizenship? again, according to which regulation?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  INC replied 2 years ago.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

In response to your questions: 1. You will only lose your ILR if you remain outside of the UK for 2 years or more continuously. 2. You may not qualify for British Citizenship as you may not have completed the residential qualifying period. If this is the case, you will have to wait before becoming Naturalised. 3. Time working abroad can be counted towards the residential qualifying period if you have the supporting evidence and your employer is prepared to state that the time outside of the UK was work related.

INC :

The UKBA Policy documents will prvide you further details of what can and cannot be counted as time outside of the UK. If the organisation you work fro is based outside of teh UK, the time will not count.

INC :
INC :

If you wish to discuss, please feel free to ask further questions.

INC :

Kind regards,

Customer:

Hi

INC :

Do you have any further questions?

Customer:

Ok, so indefinite leave is not indefinite.

Can you please clarify
1) when you say "You will only lose your ILR if you remain outside of the UK for 2 years or more continuously" does it mean if I come back to the UK for whatever purpose for at least once every 2 years then I won't loose ILR?

and...

Customer:

2) if I am living in Switzerland all the time, what do you mean by naturalised?

and...

Customer:

3) What are the evidence you were referring to when you say "Time working abroad can be counted towards the residential qualifying period if you have the supporting evidence"?

INC :

Hi, in response to your latest questions: 1. Yes that is correct. If you return to the UK intermittently, you will not lose your ILR as you would not have been outside the UK for a continuous period of 2 years.

INC :

2. Being being naturalised, I mean obtain UK Nationality. This is the next step after having obtained ILR.

INC :

3. I am referring to evidence from your employer , based in the UK, stating that you were required to be working abroad.

INC :

If you wish to discuss, please feel free to ask further questions.

Customer:

I don't quite get why you say "from your employer, based in the UK..." because if you read the #3 requirement under the section Natualisation in this page http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

you'll find that it says "or to continue in Crown service, the service of an international organisation of which the UK is a member", which, to me, means an international organisation and says nothing about being in the UK.

INC :

I do apologise, I failed to consider that the organisation that you are proposing to work for is an International Organisation, of which the UK is a member.

INC :

You would only require evidence from an employer in the UK if it is a private company.

INC :

Not a International Organisation.

INC :
INC :

If you wish to discuss, please feel free to ask further questions.

INC :

Kind regards,

Customer:

so to sum up, can you confirm that

- If UKBA recognises my future employer as an international organisation then there's no problem whatsoever. my residence in Switzerland will be treated as if I am staying in the UK

If UKBA does NOT recognise my future employer as an international organisation, then in order to keep my ILR visa, I need to make regular trips back to the UK for at least once every 2 years.

INC :

Hi, yes that is correct. If your future employer is an international organisation of which the UK is a member, this will be recognised by the UKBA.

INC :

If the organisation is not recognised as an international organisation, you will have to return to the UK frequently. Furthermore, you will have to request that your employer provide evidence that you are working for a UK based company in Switzerland.

INC :
INC :

If you wish to discuss, please feel free to ask further questions.

INC :

Kind regards,

INC :
INC :

If you wish to discuss, please feel free to ask further questions.

INC :

Kind regards

INC :

Hi, If I have answered your original question, kindly click ACCEPT. If you do not, I do not get credit for my time.

INC :

Many thanks,

Customer:

sure. I fully intend to pay for your service. but i came across this page http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/absencesfromuk/

have you taken the information on the above page into account?

Customer:

excuse me for being blunt, but I keep pointing out relevant information on my particular circumstance that places conditions on your advice? is there any more regulations that I should be aware of before i give feedback?

INC :

Hi, I have taken the above details into consideration. This is why I was trying to ascertain whether your absences would be work related.

INC :

I did not want to burden you with verbatim parts of the immigration rules, and was therefore trying to simplify the answers as much as possible.

INC :

The absences to which you refer, are discounted if they are work related and you can provide evidence that this is the case. As you will be working for an international organisation of which the UK is a member, then your absences will generally be disregarded. You are not ermitted to be out of the UK for more than 540 days in the 5 year period before your application and more than 180 days in the final year before making your application.

INC :

In your case, discretion would be applied, as I am assuming that you would be outside of the UK for more than the 540 days. Especially considering that you would be working outside of the UK. Thus, if you can show that you have exceptional or compelling circumstances, this would be property in the UK, partner, family, employment, home etc.

INC :

This would all come in to play when you are ready to apply for Naturalisation as a UK Citizen and not before.

INC :

This would have no bearing on your ILR status unless you were outside of the UK for 2 years continuously. Even then, the UKBA will not revoke the ILR if you can show sufficient ties to the UK.

INC :

What I meant, initially, by an employer in the UK is, if you were going to be employed by a foreign company, not your International Organisation, you would find it difficult to show ties to the UK if your wages being paid by a foreign company.

INC :

However, this would not be the case as you are due to be employed by an international organisation.

INC :

I hope this helps. If you require further clarification, please do ask. Many thanks,

Customer:

Good, those are the questions on my mind as I didn't give you the start date of my new employment nor my current estate in the UK

Customer:

please give me a minute to understand your answer properly....

INC :

Hi, the start date of your employment does not really have any relevance at this stage. When you finally do start work, that is the date of your first absence. the UKBA will then start counting the number of days outside the UK. If you return, that will obviously not be an absence.

INC :

In any eent, this will all need to be calculated when you apply for Naturalisation and not before.

INC :

Sure...

Customer:

So by May 2013 when it's 1 year after I received ILR. I can apply for UK citizenship/passport WHILST LIVING IN SWITZERLAND?

INC :

Hi, YES, if you have been living in the UK for the last 5 years.

INC :

I am about to leave the office and more than happy to pick this up in a couple of hours, after I have arrived home and seen the kids.

Customer:

sure. understand. I need to do the same too. I'm happy with your service. but would like to do extended reading tonight on the UKBA website. if I'm perfectly clear with what's going on. then an Excellent service is in order. otherwise I'll just shoot over a quick question or so

Customer:

before an Excellent service

INC :

No problem. Happy reading, although I can think of much better things to read than the Immigration Rules. A Robert Ludlum novel would be far more intriguing :)

Customer:

Morning. just one last question

Re. Discretion on absences from the UK during the residential qualifying period. for people who will be absent fro the UK for more than 180 days. ...



If you have been absent from the UK for more than 180 days in total during the final year, we will only disregard the absence if:



  • you have met the residence requirements over the qualifying period; and

  • you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here; and

  • the absence occurred because you were serving abroad in Crown service, or for a compelling occupational or compassionate reason.


Does that mean my family will not be able to come with me to Switzerland? I have no other family member in the UK apart from my wife and children

INC :

Not necessarily. If you retain property ownership or other interest in the UK, you can show sufficient ties to the UK. If you do not, establishing sufficient ties to the UK will be difficult.

INC :

In any event, if you have already been here for 5 years, you will be eligible to apply for Naturalisation next year

Customer:

ok. thanks! that's all I need. much appreciate your patience and excellent service!

Customer:

i just click on the smile face and submit?!

INC, Solicitor-Advocate
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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