Applying from British Citizenship from overseas

Hi all,

I have just become eligible to apply for British Citizenship (3 year T1 visa + 1 Year ILR). I was about to start my application for naturalization, but I need to travel to my home country (IND) in March and stay there for few months, hence can't submit application now.

Wondering to know -
1. Is there any way I can do this whole process (Naturalization, Ceremony & Getting passport) from overseas (i.e. India) itself?

2. Or is it possible that I submit the application here, but take rest of the appointments (biometrics for naturalization, ceremony & passport delivery) in India?

If I don't submit the application now & spend few months away from UK, then again I will need to wait for 12 months in UK (as it's one of the condition for application).

Please help.
Thanks
SK

You can't apply for citizenship yet if you only have 3 years tier 1 plus 1 year ilr.

You need 5 years residence before you can apply for citizenship.

1. No

2. Yes to apply, no for ceremony abroad etc. You can also only apply for a passport after your ceremony.

If you are not married to a British citizen, then you need to have resided in the UK for at least five years before applying for British citizenship, as CR001 has advised above.

Indeed, there is a non-discretionary/mandatory requirement that you were physically present in the UK at the start of the five year period immediately preceding the date of application (in simple terms, that you were physically present in the UK on the same day five years ago as the date of the naturalisation application).

Also, to the best of my knowledge, you can not do the application from abroad. Indeed, if the caseworker comes to the conclusion that either you are abroad or are planning to go abroad for a period exceeding six months, the application can be refused for failing the future intentions requirement (that you intend to reside in the UK).

You also can't have a citizenship ceremony abroad, which is reserved for limited cases, such as spouses of British diplomats or military staff located abroad, etc.

There have also been at least two cases where people who have completed all the requirements (naturalisation application, citizenship ceremony, etc) in the UK, but who had applied for their first British passport from abroad, had their already-granted-and-certified citizenship rescrutinised for potential deception in meeting the future intentions requirement.

It would be much wiser if you were to return to the UK and complete the entire process in the UK, to avoid complications.

shrikantK wrote: ↑

Tue Jan 25, 2022 5:35 am

I have just become eligible to apply for British Citizenship (3 year T1 visa + 1 Year ILR).

How did you qualify for ILR?

I was about to start my application for naturalization, but I need to travel to my home country (IND) in March and stay there for few months, hence can't submit application now.

There are a number of physical presence conditions that you need to take into account when you appy:

1. If you are the spouse of a British citizen, your total absences in the last 3 years must not exceed 270 days. If you are not the spouse of a British citizen, your absences in the last 5 years must not exceed 450 days.
2. Your total absences in the last 12 months must not exceed 90 days.
3. As already advised by posts above, you need to have been physically present in the UK on the 3rd (if spouse of BC) or 5th (if not spouse of BC) anniversary of your submitting the form.

I hope you can see now why you cannot apply abroad (if applying abroad then the current absence has not finished and satisfaction of conditions cannot be established), and most importantly, how conditions 1. and 2. conflict with the plan of applying right after spending a few months outside of the UK.

Thanks for your kind reply.

How did you qualify for ILR?

I am still in UK and just finished my mandatory waiting period i.e. 5 years (combination of T2 General+ T1 Exceptional Talent visa) + 1 year after getting my ILR.
I got my ILR on 14 Jan 2021 and this mandatory stay period completed on 15th Jan. 2022, hence I can apply now. Hope its clear how I am eligible to apply now.


There are a number of physical presence conditions that you need to take into account when you appy:

1. If you are the spouse of a British citizen, your total absences in the last 3 years must not exceed 270 days. If you are not the spouse of a British citizen, your absences in the last 5 years must not exceed 450 days.
2. Your total absences in the last 12 months must not exceed 90 days.
3. As already advised by posts above, you need to have been physically present in the UK on the 3rd (if spouse of BC) or 5th (if not spouse of BC) anniversary of your submitting the form.

I hope you can see now why you cannot apply abroad (if applying abroad then the current absence has not finished and satisfaction of conditions cannot be established), and most importantly, how conditions 1. and 2. conflict with the plan of applying right after spending a few months outside of the UK.

I am not a spouse of a British citizen, but I DO qualify for all physical presence conditions as I have been present here most of that qualifying period.

So far I figured out that there are 3 stages in UK citizenship applications for ILR holders as-
1) Naturalization (online application, fees payment, document submission, biometrics) leading to receiving confirmation letter (require ~2-6 months)
2) Attend the Ceremony (~1-2 month)
3) Apply for passport (~1-2 months)

I know I can start the Naturalization application now within UK, but I need to stay in India from March 2022 onwards for few months (personal reasons), hence trying to figure out few things beforehand.

So the main question is- can I start application now for Naturalization and do the second/third stage from India? Which also raises the question can I leave UK if my application is in process?

I know child of ILR holder/British citizen can apply for British passport within India/other countries by contacting British Embassies. But can someone like me (ILR holder) could do the citizenship process (whole or partly) overseas?

And once I spend few months away from UK, I will be required to wait another 12 months to satisfy condition 2 (if my this absence is more than 90 days, but less than 450 days), so trying to avoid this.

Thank you once again for your kind reply!
SK

CR001 wrote: ↑

Tue Jan 25, 2022 6:08 am

You can't apply for citizenship yet if you only have 3 years tier 1 plus 1 year ilr.

You need 5 years residence before you can apply for citizenship.

1. No

2. Yes to apply, no for ceremony abroad etc. You can also only apply for a passport after your ceremony.

Sorry my mistake earlier. I've been residing in UK since June 2015: 2.5 yr T2 Dependent + 2 Yr T2 main applicant + 1.5 yr T1 exceptional talent (now global talent) + 1 yr on ILR.
My ILR was granted mid Jan 2021, so now I qualify. My absence in last 12 months is NOT more than 90 days, also in last 5 yrs not more than 2-3 weeks/year.

And CR001 yours and secret.simon's messages were not visible to me before I reply to kamoe. So forgive for asking same question there. But now things are more clear to me.

Just one more question Is it allowed to apply for naturalization and travel away from UK?

shrikantK wrote: ↑

Wed Jan 26, 2022 4:07 pm

Just one more question Is it allowed to apply for naturalization and travel away from UK?

Yes, but you will need to return to the UK for biometrics submission, the citizenship ceremony and applying for the first british passport.

I would also keep absence from the UK less than six months, if you do not get your citizenship by that time.

shrikantK wrote: ↑

Wed Jan 26, 2022 3:42 pm

I know child of ILR holder/British citizen can apply for British passport within India/other countries by contacting British Embassies.

That is only true in certain very specific circumstances, such as if the child was born in the UK or to British parents by descent and therefore has an entitlement to register as a British citizen.

All applications where the applicant does not have an entitlement to register as a British citizen (such as applications for children born abroad to non-British parents) or naturalise (all naturalisation applications are at discretion and not entitlements) need to be made in the UK after the appropriate period of residence. And that applies to children as well as adults.

shrikantK wrote: ↑

Wed Jan 26, 2022 3:42 pm

So far I figured out that there are 3 stages in UK citizenship applications for ILR holders as-
1) Naturalization (online application, fees payment, document submission, biometrics) leading to receiving confirmation letter (require ~2-6 months)
2) Attend the Ceremony (~1-2 month)
3) Apply for passport (~1-2 months)

I know I can start the Naturalization application now within UK, but I need to stay in India from March 2022 onwards for few months (personal reasons), hence trying to figure out few things beforehand.

So the main question is- can I start application now for Naturalization and do the second/third stage from India? Which also raises the question can I leave UK if my application is in process?

The second (the citizenship ceremony) needs to be done in the UK if the application was made in the UK. There are very few specific circumstances in which you can take your citizenship ceremony abroad (either if you have an entitlement to register as a British citizen or are a spouse of a British citizen in Crown Service-military or diplomatic personnel posted abroad). So you will need to return to the UK for the citizenship ceremony at the very least.

As for applying for the first British passport, as mentioned above, there have been two cases reported on these forums about the first British application being made from abroad triggering an investigation into the underlying naturalisation application and process itself.

secret.simon wrote: ↑

Tue Jan 25, 2022 8:09 am

If you are not married to a British citizen, then you need to have resided in the UK for at least five years before applying for British citizenship, as CR001 has advised above.

Indeed, there is a non-discretionary/mandatory requirement that you were physically present in the UK at the start of the five year period immediately preceding the date of application (in simple terms, that you were physically present in the UK on the same day five years ago as the date of the naturalisation application).

Also, to the best of my knowledge, you can not do the application from abroad. Indeed, if the caseworker comes to the conclusion that either you are abroad or are planning to go abroad for a period exceeding six months, the application can be refused for failing the future intentions requirement (that you intend to reside in the UK).

You also can't have a citizenship ceremony abroad, which is reserved for limited cases, such as spouses of British diplomats or military staff located abroad, etc.

There have also been at least two cases where people who have completed all the requirements (naturalisation application, citizenship ceremony, etc) in the UK, but who had applied for their first British passport from abroad, had their already-granted-and-certified citizenship rescrutinised for potential deception in meeting the future intentions requirement.

It would be much wiser if you were to return to the UK and complete the entire process in the UK, to avoid complications.

Thank you secret.simon This has been very helpful. Indeed its much much wiser to apply within UK and complete the process here itself, but for some personal reasons it looks difficult for me.

Thank you for caution regarding future intentions requirement.

shrikantK wrote: ↑

Wed Jan 26, 2022 4:20 pm

Thank you secret.simon This has been very helpful. Indeed its much much wiser to apply within UK and complete the process here itself, but for some personal reasons it looks difficult for me.

Remember that there is no urgency or imperative in applying for British citizenship. You can apply for British citizenship after years, even decades, on ILR, providing that your ILR does not lapse due to absence from the UK. Don't be too rushed with trying to balance too many possibilities at the same time.