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Citizenship Query

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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Fluid36
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Citizenship Query

Post by Fluid36 » Thu Jul 15, 2010 12:15 pm

Hi Guys,

I've just got a question regarding my British Citizenship application.

I have indefinate leave to remain and was granted this in January 2009 (due to being Married to a Brit and having a spousal

visa before this).

We left the UK in Feb 2010 to do a bit of travelling and have since settled in Australia and we are planning on staying

here for now.

I realise that you loose your indefinate leave to remain if you are absent fromn the country for 2 years so I want to apply

for my citizenship and then my British passport from here in Australia (I have read that if you have ILR from being the

spouse of someone British that you can apply from abtouad).

I was basically just wondering what the process would be for the Citizenshipp application?

Also on a side note, how do UK immigration even know how long you have been out of the country if you try to return after

more than two years as there is no immigration check on departure?

Thanks in advance for any help.

geriatrix
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Re: Citizenship Query

Post by geriatrix » Thu Jul 15, 2010 12:19 pm

Fluid36 wrote:I was basically just wondering what the process would be for the Citizenshipp application?
BHC Australia


regards

Fluid36
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Post by Fluid36 » Fri Jul 16, 2010 10:33 am

Thanks for thew reply

So do you agree that I can apply from abroad for citizenship from being the spouse of a Brit?

Thanks

djb123
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Post by djb123 » Fri Jul 16, 2010 12:17 pm

In some cases it is possible to get British citizenship whilst not in the UK, but unfortunately just being married to a 'normal' British citizen is not enough. If you want British citizenship you need to return to the UK and live here for at least 9 months.

I thought they scanned visas/passports on the way out as well now so they can keep track of your absences.

geriatrix
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Post by geriatrix » Fri Jul 16, 2010 2:08 pm

Fluid36 wrote:Thanks for thew reply

So do you agree that I can apply from abroad for citizenship from being the spouse of a Brit?

Thanks
Yes you can, but only if you fulfil the requirements for naturalisation.


regards

djb123
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Post by djb123 » Fri Jul 16, 2010 4:11 pm

sushdmehta wrote:
Fluid36 wrote:Thanks for thew reply

So do you agree that I can apply from abroad for citizenship from being the spouse of a Brit?

Thanks
Yes you can, but only if you fulfil the requirements for naturalisation.

regards
Which the OP has already stated they haven't.... (ie they didn't move to Australia because their spouse was transfered there to work in crown or designated service)

Fluid36
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Post by Fluid36 » Fri Jul 16, 2010 11:12 pm

No they don't scan passports on the way out.

We lived in the UK for 6 years (up until February this year). I was sure that since I have residence due to being a spouse I can apply fro citizenship from abroad. There seems to be a bit of confusion in this area.

Thanks

geriatrix
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Post by geriatrix » Fri Jul 16, 2010 11:32 pm

No confusion as everyone needs to meet the specified requirements (link provided above). There is no confusion with regards to applying outside UK as well because application for naturalisation can be made by anyone outside the UK at the nearest British diplomatic post - as long as one meets the requirements.

You could have applied for naturalisation within 3 months of entering Australia. You would have, perhaps, satisfied the residential requirements then.


regards

djb123
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Post by djb123 » Sat Jul 17, 2010 7:39 am

sushdmehta wrote:You could have applied for naturalisation within 3 months of entering Australia. You would have, perhaps, satisfied the residential requirements then.
Only if it was a holiday and you were going to return to the UK would you stand some chance, otherwise you don't meet the requirement "have been resident in the United Kingdom for at least three years". And as the application takes 3-6 months from Australia no-one is going to apply whilst on holiday..

geriatrix
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Post by geriatrix » Sat Jul 17, 2010 11:16 am

fluid36, if interested see Annex B: Residence requirements and Annex F: Future intentions requirements for detailed information on requirements for naturalisation.



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Backer
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Post by Backer » Sat Jul 17, 2010 1:47 pm

Future Intentions requirment is not relevant for a spouce of a British Citizen

Fluid36
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Post by Fluid36 » Sun Jul 18, 2010 7:44 am

Thanks for all of the replies, I have been in Australia less than 3 months (travelled around NZ for 3 months first) and could also easily claim that I am still on holiday (what's stopping me being on holdiday for a year?).

Also read the paragraph below in the requirments, interesting!

"NB. Passports will not necessarily be stamped to show embarkation from the United Kingdom. In these and other circumstances (e.g. involving lost or stolen passports), applicants should be given the benefit of any doubt where claimed absences cannot be otherwise verified but are within the limits we would normally allow and there are no grounds to doubt the accuracy of the claim."

good to know that one can just 'lose' their passport and claim that they were nbot absent.

geriatrix
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Post by geriatrix » Sun Jul 18, 2010 1:35 pm

Backer wrote:Future Intentions requirment is not relevant for a spouce of a British Citizen
In that case, make it less complicated for the OP.


regards

geriatrix
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Post by geriatrix » Sun Jul 18, 2010 1:39 pm

Fluid36 wrote:Thanks for all of the replies, I have been in Australia less than 3 months (travelled around NZ for 3 months first) and could also easily claim that I am still on holiday (what's stopping me being on holdiday for a year?).
You can't be absent from UK for more than 90 days in the year preceding the naturalisation application, and not more than 270 days in the 3 years qualifying period.


regards
Last edited by geriatrix on Sun Jul 18, 2010 11:51 pm, edited 1 time in total.

djb123
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Post by djb123 » Sun Jul 18, 2010 9:21 pm

Fluid36 wrote: Also read the paragraph below in the requirments, interesting!

"NB. Passports will not necessarily be stamped to show embarkation from the United Kingdom. In these and other circumstances (e.g. involving lost or stolen passports), applicants should be given the benefit of any doubt where claimed absences cannot be otherwise verified but are within the limits we would normally allow and there are no grounds to doubt the accuracy of the claim."

good to know that one can just 'lose' their passport and claim that they were nbot absent.
Doesn't say they won't try to verify your absences, and if they find you are trying to obtain British citizenship by deception you can at the very least say goodbye to getting British citizenship for a long while.

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