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Submitting naturalisation application while outside of the UK - slightly above 90 days absence

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

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ThatchedRoof
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United Kingdom

Submitting naturalisation application while outside of the UK - slightly above 90 days absence

Post by ThatchedRoof » Wed Jan 06, 2021 1:23 pm

Hi - posting here to ask this on behalf of a friend, any advice appreciated. I have two questions :)

1) Is it possible to submit the naturalisation application (online) while outside the UK? I don't see any specific rule against it, am I missing something?

2) If the applicant has 98-99 days of absences from the UK over the last 12 months, while meeting all other residency guidelines, and having no other black marks on the application, how would that impact the chances of success? I have read the guidelines which say that 'discretion can be used' under 100 days, but I'm not sure what this translates to in practice?

Thanks!
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CULLINAN
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Re: Submitting naturalisation application while outside of the UK - slightly above 90 days absence

Post by CULLINAN » Wed Jan 06, 2021 2:21 pm

1) No. You must apply inside UK.

2) Under 100 are normally disregarded

https://assets.publishing.service.gov.u ... ber_20.pdf
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.
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ThatchedRoof
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Re: Submitting naturalisation application while outside of the UK - slightly above 90 days absence

Post by ThatchedRoof » Wed Jan 06, 2021 2:33 pm

CULLINAN wrote: ↑
Wed Jan 06, 2021 2:21 pm
 1) No. You must apply inside UK.

2) Under 100 are normally disregarded

https://assets.publishing.service.gov.u ... ber_20.pdf
Thank you. Could you point me to the rules for applying inside the UK being required? For example when you start to fill out the application form online, one of the first questions is 'Are you in the UK right now', and if you answer 'No' it still lets you proceed - surely the form would stop you if this was a requirement?

Thanks again!
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secret.simon
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Re: Submitting naturalisation application while outside of the UK - slightly above 90 days absence

Post by secret.simon » Thu Jan 07, 2021 2:48 am

Page 34 of the Naturalisation at discretion caseworker guidance
If the applicant is abroad or is about to go abroad for a continuous period of more than 6 months, you should normally refuse the application and advise the applicant to re-apply, on their return to the UK, for permanent residence. An exception may be made to the general rule, however, where any of the following apply:
• the applicant is undertaking voluntary work such as with the Voluntary Service Overseas (VSO)
• the applicant is undertaking studies, training or employment abroad which is necessary to pursue a UK based profession, vocation or occupation
• the absence forms part of an established pattern, such as in relation to employment at sea and the applicant is primarily based in the UK
Also be aware there have been two cases reported on these forums where people naturalised in the UK and who later applied for their first British passports from abroad were investigated for possible breach of the future intentions requirement.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
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ThatchedRoof
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Re: Submitting naturalisation application while outside of the UK - slightly above 90 days absence

Post by ThatchedRoof » Thu Jan 07, 2021 2:39 pm

secret.simon wrote: ↑
Thu Jan 07, 2021 2:48 am
 Page 34 of the Naturalisation at discretion caseworker guidance
If the applicant is abroad or is about to go abroad for a continuous period of more than 6 months, you should normally refuse the application and advise the applicant to re-apply, on their return to the UK, for permanent residence. An exception may be made to the general rule, however, where any of the following apply:
• the applicant is undertaking voluntary work such as with the Voluntary Service Overseas (VSO)
• the applicant is undertaking studies, training or employment abroad which is necessary to pursue a UK based profession, vocation or occupation
• the absence forms part of an established pattern, such as in relation to employment at sea and the applicant is primarily based in the UK
Also be aware there have been two cases reported on these forums where people naturalised in the UK and who later applied for their first British passports from abroad were investigated for possible breach of the future intentions requirement.
Amazing, thank you so much!
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