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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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I received my ILR in June 2011 , now I received a very good

Resolved Question:

I received my ILR in June 2011 , now I received a very good job offer abroad what shall I do , shall I renew my travel document and go , apply to citizenship and ask the home office for disregard of time restriction .
Thank
Faz
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi Faz,

 

When would you otherwise qualify to naturalise?

 

How long would you propose to stay out of the country after the date at which you qualify for naturasliation?

Tom

Customer: replied 5 years ago.

i will be qualify to naturalise in 28 june 2012

 

for the second qestion , it is long term contract may be for 2 yaers

thansk

faz

Customer: replied 5 years ago.
more information , my wife will be qualify in the same time plus one son 8 yaers for reqistertion in the same daate .
Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your reply.


It's a requirement that your intend to remain permanently in the UK in order to naturalise:-

 

The gap of time that you would be outside the UK on your new job would be sufficient for the UKBA to refuse your application to naturalise if you take the job and so when you leave you would effectively be giving up your opportunity to naturalise.

 

It's a choice for you to make I'm afraid. Either you wait until you naturalise, do so and then see if the job is still available or go with the job knowing that you will have to re-apply for a Returning Resident's visa and start naturalisation period of residence again.


If your wife's stays in the UK and naturalises whilst you are away then this will strengthen your chances of obtaining a returning resident visa but you would still have to re-start your period of residence to naturalise.

 

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I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 5 years ago.

thank you for your answer ,

y point is beacsue of my family stil here in the uk i am entending to live in the UK . the second point i will be working for a uk base compeny and my contract will from UK .

fainally what about go for less than 3 month and come back and apply for natilaiztion .

Expert:  Thomas replied 5 years ago.

Hi,

 

If your family remains here you will be in a very good position to apply for a further visa if you spend a lot of time outside the UK and, as a result, the UKBA curtailed your visa.

 

If you already worked for a company which required you to relocate than you could possibly get them to disregard the period but I assume this is not the case.

 

You will have to factor in the 3 months period to the residential requirements but provided your days outside the UK fall within the limits contained on the following page you will be fine:-

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

 

Trust this clarifies, please click accept.


Kind regards,

Tom

Customer: replied 5 years ago.

 

final option :

What if I want to apply for citizenship now ? under Discretion on immigration time restrictions under the category that the restriction control time for more than 90 days and there is business reason and I have provided firm offer from the new employer

faz

Expert:  Thomas replied 5 years ago.

Hi Faz,

 

I'm suspect that the UKBA will regard this as not a business reason. A business reasons is suppsoed to be a for a situation where you work for a company in the UK but then they require you to be outside the UK in a different roles but within the same company.

 

Yours is a change of employer as well I I suspect that they will make that distinction and not disregard the time. If you are desperate then you can try your luck but I would not do so confidently really.


Please click accept.

Tom

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