future intentions requirement

That may be grounds for counting you as a Returning Resident, but not grounds for discretion in a naturalisation application.

I suspect it is likely to be refused if the caseworker finds out about your absence from the UK, especially given that such absence will last well over 6 months after a grant (of naturalisation), if made.

I suggest that you question your solicitor again and if need be, show him this thread. Remember that he (and the Home Office) get their fees from you irrespective of the success or failure of the application.

secret.simon wrote: ↑

Fri Feb 09, 2018 11:33 pm

vinny wrote: ↑

Fri Feb 09, 2018 10:39 pm

What discretion will he be relying on?

izineela wrote: ↑

Fri Feb 09, 2018 10:24 pm

He proposed to apply before leaving the UK in November using discretion.

What the solicitor likely had in mind is that you fill in the form in November, but that s/he will submit it on your behalf in January, after you become eligible.

Just to clarify, the option he proposed is to apply early (in November) while I am still in the UK and explain the home office the circunstances...
After all if it is necessary to go abroad on this assignment as part of the job, there is no much to be done...
Either you try to fool the home office or you apply using discretion.

CR001 wrote: ↑

Fri Feb 09, 2018 10:42 pm

izineela wrote: ↑

Fri Feb 09, 2018 10:24 pm

Backer wrote: ↑

Thu Feb 08, 2018 11:31 am

Interesting to see what your solicitor will say but you will probably not get a guaranteed outcome. You risk loosing your naturalization and ILR by leavng the country for this assignment at this timing.You have a lot to loose. ..

He proposed to apply before leaving the UK in November using discretion.

So 3 months before you actually qualify.

Discretion is just that, discretion and HO don't have to exercise it and very often do not, especially if you don't meet the requirements of 12 months 'free from immigration time restrictions. You would be asking them to exercise discretion because you are leaving the UK for 3 years to work abroad = future intentions failure.

I would be interested to know where did you get that from?
Discretion can always be used and according to the guide:
There is discretion to waive the residence requirements except that the applicant
must:
• have been in the UK at the beginning of the 5 year period, unless their absence
was due to serving in HM forces.
• be free from time restrictions under immigration law at the time of their
application

secret.simon wrote: ↑

Sat Feb 10, 2018 5:07 pm

That may be grounds for counting you as a Returning Resident, but not grounds for discretion in a naturalisation application.

I suspect it is likely to be refused if the caseworker finds out about your absence from the UK, especially given that such absence will last well over 6 months after a grant (of naturalisation), if made.

I suggest that you question your solicitor again and if need be, show him this thread. Remember that he (and the Home Office) get their fees from you irrespective of the success or failure of the application.

I have to agree with you on this...

Why on earth will a caseworker grant you citizenship 3 months in advance of a normal application and after knowing you are going abroad for 3 years? Most likely they will tell you to reapply if and when you return to the UK.

izineela wrote: ↑

Sat Feb 10, 2018 8:46 pm

CR001 wrote: ↑

Fri Feb 09, 2018 10:42 pm

izineela wrote: ↑

Fri Feb 09, 2018 10:24 pm

Backer wrote: ↑

Thu Feb 08, 2018 11:31 am

Interesting to see what your solicitor will say but you will probably not get a guaranteed outcome. You risk loosing your naturalization and ILR by leavng the country for this assignment at this timing.You have a lot to loose. ..

He proposed to apply before leaving the UK in November using discretion.

So 3 months before you actually qualify.

Discretion is just that, discretion and HO don't have to exercise it and very often do not, especially if you don't meet the requirements of 12 months 'free from immigration time restrictions. You would be asking them to exercise discretion because you are leaving the UK for 3 years to work abroad = future intentions failure.

I would be interested to know where did you get that from?
Discretion can always be used and according to the guide:
There is discretion to waive the residence requirements except that the applicant
must:
• have been in the UK at the beginning of the 5 year period, unless their absence
was due to serving in HM forces.
• be free from time restrictions under immigration law at the time of their
application

Not sure which you are referring to, the 12 month free from immigration time restrictions applies to every applicant unless married to a British citizen, which is the only time it is not required.

Page 6 of the AN Booklet

https://www.gov.uk/government/uploads/s ... e_2017.pdf

CR001 wrote: ↑

Sun Feb 11, 2018 11:17 am

izineela wrote: ↑

Sat Feb 10, 2018 8:46 pm

CR001 wrote: ↑

Fri Feb 09, 2018 10:42 pm

izineela wrote: ↑

Fri Feb 09, 2018 10:24 pm

He proposed to apply before leaving the UK in November using discretion.

So 3 months before you actually qualify.

Discretion is just that, discretion and HO don't have to exercise it and very often do not, especially if you don't meet the requirements of 12 months 'free from immigration time restrictions. You would be asking them to exercise discretion because you are leaving the UK for 3 years to work abroad = future intentions failure.

I would be interested to know where did you get that from?
Discretion can always be used and according to the guide:
There is discretion to waive the residence requirements except that the applicant
must:
• have been in the UK at the beginning of the 5 year period, unless their absence
was due to serving in HM forces.
• be free from time restrictions under immigration law at the time of their
application

Not sure which you are referring to, the 12 month free from immigration time restrictions applies to every applicant unless married to a British citizen, which is the only time it is not required.

Page 6 of the AN Booklet

https://www.gov.uk/government/uploads/s ... e_2017.pdf

Thanks I read p6 of the booklet...these are the requirements for an application under normal circumstances..if I met all this I wouldn't need to go via the discretion route.

What I referred to, is in the naturalization by discretion guide, it mentions the cases for which discretion cannot be exercised in any case...it does never mention the 12 month free from immigration

Also in p32 of this same guide
Applicants who are in Crown or other qualifying service or employment abroad at the
time of application, and who clearly intend to continue in that service or employment
for at least 5 years from the date the application is substantively considered, should
be regarded as meeting the future intentions requirement.

One of the requirement to qualify for citizenship is the future intentions condition.
"Naturalisation Booklet – The Requirements" document: https://assets.publishing.service.gov.u ... feb-18.pdf
"Intend to continue to live in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member or the service of a company or association established in the UK"
This is also stated in the official application form in question 2.3
"If this country is outside the United Kingdom and i) you are not married to or the civil partner of a British citizen and ii) you intend to enter into or continue Crown service, service in an international organisation or employment with a company or association established in the United Kingdom, include a letter of explanation."

Have anyone successfully managed to apply for naturalization using option (ii) ( service in the employment of a company established in the UK )?

Topics Merged.

Also, note the (i) married to a British citizen AND (ii) work for an international organisation etc. It is not an OR!!

One of the requirement to qualify for citizenship is the future intentions condition.
"Naturalisation Booklet – The Requirements" document:
https://assets.publishing.service.gov.u ... feb-18.pdf
"Intend to continue to live in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member or the service of a company or association established in the UK"
This is also stated in the official application form in question 2.3
"If this country is outside the United Kingdom and i) you are not married to or the civil partner of a British citizen and ii) you intend to enter into or continue Crown service, service in an international organisation or employment with a company or association established in the United Kingdom, include a letter of explanation."

Have anyone successfully managed to apply for naturalization using (i) (Not married to British citizen) AND (ii) ( service in the employment of a company established in the UK )?