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Non-resident citizenship application

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Tentpeg
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Non-resident citizenship application

Post by Tentpeg » Fri Jan 07, 2022 11:18 am

Hi All
I've been married for the last 3 years to a Burmese girl and am needing to get her a British passport. I am born and raised in the UK and hold a passport, though I don't live in the UK.
My work continuously requires me to travel to different countries, may of which are not safe for my wife to accompany me. Having a permeant base in other countries for her to remain and settle in while I travel is becoming increasingly difficult, we have had to move around a lot.
I need to find a way for her to get a British passport/citizenship (whatever she needs) to live in the UK safely while I continue to work and travel abroad.
Is there a way for her to achieve this if I don't live in the UK?

Your help is most certainly appreciated.

BR
Tentpeg

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CR001
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Re: Non-resident citizenship application

Post by CR001 » Fri Jan 07, 2022 11:23 am

Is there a way for her to achieve this if I don't live in the UK?
No there is not. She doesn't qualify for British citizenship or a passport by simply being married to you. British citizenship for non EU migrants is based on residence and has specific requirements, including absence limits and physically present requirements.

She would need a spouse visa for 5 years (2 X 2.5 year visas) and an application for indefinite leave to remain before she can even apply to naturalise as British. A spouse visa requires you to be present and settled in the UK as the visa, visa extension and indefinite leave to remain require proof of income and evidence of subsisting relationship.

If you don't live in the UK, then there is no option for her as your spouse unless she qualifies for another visa such as a skilled worker visa in her own right.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Non-resident citizenship application

Post by secret.simon » Fri Jan 07, 2022 1:15 pm

All naturalisation applications, even for spouses of British citizens, have a requirement to have been physically present in the UK either three years (for spouses of British citizens) or five years (for all other applicants) before the date of application. That is a mandatory, non-dispensible, requirement.

There are different rules if you are in Crown Service. Do you work for the British government in a diplomatic or military role and are you stationed abroad as a part of your duties to the UK government?
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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