1. Validity of ILR: it's forever *if* you stay in the UK. *If you leave the UK permanently*, then you can come back to settle here again within 2 years. Otherwise, you will most likely have to re-apply.

2. Returning visits: I'm not sure.

3. Application from overseas. Your wife cannot apply for citizenship from overseas, because there is a residency requirement. In fact, by moving away for a year, she no longer meets it. She will need to return to the UK for three years in order to be eligible to apply.

4. Son's nationality. Your son is better off applying for the UK Passport. Technically, he should not enter the UK with a foreign passport and an ILR stamp, because his ILR stopped being valid when he became a UK national. If you want him to enter the UK with a foreign passport, he would need a Right of Abode stamp ... and I don't think they do those any more.

5. Benefits: no. If your children are resident elsewhere, you'll need to apply for benefits in the country where they're living. There may be reciprocal arrangments with the UK, though. Also -- having children on UK benefits could affect your wife's application for citizenship.

6. UK citizenship: your UK citizenship is for life and cannot normally be taken away.

William,

Thanks for the very quick reply.

I will be grateful if any one can help me with the 2nd pointer.

Regards,

You have to convince authorities at the airport (if they question of course) that you are living in the UK. If you or your dependent live abroad but visit UK once every 2 years then they may refuse you entry to the UK. It is a big risk to take.

E Fidan
Administrator

Incidentally, just for the sake of accuracy, I have recently discovered that it *is* possible to apply for British nationality abroad: you have to submit your application through the British consulate. *However* that does not exempt you from any of the requirements like time spent in Britain, good character, knowledge of English, knowledge of Life in the UK, etc. (Except that, on a very strange technicality, it does exempt you from needing to have ILR if, and only if, you're married to a British citizen and you've already been in the UK for 3 years).

This won't help in your case, because it means that your wife would still have to have 3 years residence in the UK, and she has stayed away too long already. I just mention it, because the information I gave earlier was not entirely correct, and it may help others.

In sum: for the most part, any successful application will have to be made in the UK as a de-facto result of the residence requirements. Technically, it is possible to apply at a consulate abroad; but there are only limited circumstances in which it would be beneficial to an application that was likely to be successful.

Hi,

I hold UK citizenship. My wife is having ILR. I moved back to my country recently and my wife moved back to her country a year back. I will be grateful if any of you can give us information regarding the below queries

1. Validity of ILR. - I feel 2 years - please correct me if I am wrong.

2. Before completing 2 years, if my just visits UK and come back, does her ILR extends for 2 more years? How long she has to stay in UK in her visit?

3. Can my wife apply for UK Citizenship from my country as I hold citizenship?

4. My son is also UK citizen, but don't hold UK passport. Is it better to apply? or OK to hold my country's passport with ILR stamped.

5. All my children are UK citizens are they eligible for any benefits even then they stay outside UK?

6. If I stay outside UK for a long time, will there be any effect on my UK citizenship?

I want to get clarified about all these questions since a long time. Sorry to ask all the questions at same time. I will be grateful if you can provide me information on all my queries.