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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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thank you for your help. I checked some information says if

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thank you for your help. I checked some information says if you have Settled status in the UK you should not spend more than two years outside of the United Kingdom. I think I'll live in Canada join with my husband, just in case I want come back and anyway, I'm in here for 5 years, I don't want lose the chance but I really don't know if it's worth to apply settlement in UK . my husband thinks I am mad, make thinks so complicated.As a lawyer please tell me what do you think? many thanks!

Hi,

 

When approximately and for how long do you think you will live in Canada with your husband?


Tom

Customer: replied 5 years ago.
I don't konw. I'v never been in Canada. I'm so worry to start again in new country that's the reason I feel if I have the settlement in here I can come back. if I'v got settlement visa and I decided live in Canada do I need come back in UK every year for a couple of days just keep the visa uptodate? this is my understading do not leave uk for 2years. I don't know if it's worth to apply? thanks.

Hi,

 

Getting ILR is on the basis that you intend to settle permanently here in the UK. If then you live for some time abroad and wish to return here to settle permanently then you can do this provided you have not been out of the country for two years.

 

You would have to apply for a "returning resident's visa":-

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf8returningresidents

Again though, you can only get this if you wish to return permanently. You can't just come back for a couple of days per year in order to keep your visa up to date.

 

If you wish to be able to live somewhere else and then return at will to the UK then you would have to apply for and obtain ILR and then 12 months after that apply to be naturalised as a UK citizen provided you meet the following residential requirements:-

You must:-

  • been present in the UK five years before the date of your application; and
  • not spent more than 450 days outside the UK during the five-year period; and
  • not spent more than 90 days outside the UK in the last 12 months of the five-year period
  •  

     

    If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

    Kind regards,


    Tom

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