Citizenship application with 95 days outside the UK in the last 13 months

Hi guys,

Can we apply for naturalisation from outside the UK? And if so is it the same online process or by post?

My wife is now eligible to apply as the spouse of a British citizen but she’s away without a defined return date yet due to family sickness. The issue is obviously in the the allowed absence in the last 12 months which is limited to 90 days, hence the question if she can apply while abroad.

She can probably return for the UKVCAS appointment once things are clear and go away again.

She’s had ILR in May 2019 and has been on tier 2 dependant visa since May 2014

Thanks

There are very limited circumstances that permit a spouse of BC to apply outside the UK. Usually ONLY when the spouse and British spouse are outside the UK with the British spouse being employed for a UK company abroad etc.

If she can return for a UKCVAS appointment, why is she not able to return and apply in the normal way like everyone else?

She is free to travel once she has applied.

Thanks CR001, usually it can take 30-40 days to get an appointment with UKVCAS after the application is submitted online, I’ve had this twice in the past 3-4 months, and she cannot return and stay that long, hence the question.

Many have recently posted about getting appointments within a couple of days.

Hossny99 wrote: ↑

Thu Oct 31, 2019 11:38 am

Thanks CR001, usually it can take 30-40 days to get an appointment with UKVCAS after the application is submitted online, I’ve had this twice in the past 3-4 months, and she cannot return and stay that long, hence the question.

From my recent experience with UKVCAS (ILR, kids MN1 applications, Wife ILR), free appointments are available nearly in 4 weeks' time, other paid appointments can be made within next days or weeks (e.g. premium appointments could be made even next day from the application submission date). This obviously also depends on how far you are willing to travel for your appointment.

Thanks guys.

Is there anything in the guidance documents that says we must apply in the UK? I couldn’t find anything anywhere so would appreciate if someone has seen something

Citizenship is based on residence IN the UK. Adult applications on form AN are at Home Office Discretion.

The limited option to apply outside the UK is as I explained above. You appear to be in the UK so that option for her does not apply.

When did she leave the UK and how long does she plan to be away?

Who is the family member that is ill, relation to your wife?

What is the 'family sickness'??

You also appear to only recently have become British.

She’s been away since October 1st 2019, and it’s her mum who has terminal illness (cancer), we don’t have any plan at the moment for her return. She’s been away for 60 days already since 15th November 2018.

I’ve had my BC last week and yes I’m in the UK

We have had cases in the recent past on these forums where people have naturalised in the UK and then immediatly left the UK and applied for their first UK passport from abroad. This triggered a review of their naturalisation because it was felt that they did not have a sincere intention to reside in the UK (the future intentions requirement). That was after they had already naturalised while they were in the UK.

You can therefore take it by analogy that the Home Office will likely take an equally hard or harder line against a naturalisation request from abroad that has not actually occured yet.

Why can your wife not wait to return to the UK and apply?

secret.simon wrote: ↑

Thu Oct 31, 2019 5:20 pm

Why can your wife not wait to return to the UK and apply?

Because her absences would go well above the 90 days allowed during the 12 months before applying so we would need to wait for about 9 months after her return to apply

Also would like to know (have ILR for +12months)

i was planning on applying(online) when i'm on holidays(outside of the UK)
but if this is a problem i will apply when i'm back.

secret.simon wrote: ↑

Thu Oct 31, 2019 5:20 pm

We have had cases in the recent past on these forums where people have naturalised in the UK and then immediatly left the UK and applied for their first UK passport from abroad. This triggered a review of their naturalisation because it was felt that they did not have a sincere intention to reside in the UK (the future intentions requirement). That was after they had already naturalised while they were in the UK.

@secret.simon, w/o hijacking this thread too much could you please point me to these cases - purely out of curiosity? I tried searching but couldn't find any.

AnotherUUID wrote: ↑

Thu Jan 16, 2020 12:10 pm

secret.simon wrote: ↑

Thu Oct 31, 2019 5:20 pm

We have had cases in the recent past on these forums where people have naturalised in the UK and then immediately left the UK and applied for their first UK passport from abroad. This triggered a review of their naturalisation because it was felt that they did not have a sincere intention to reside in the UK (the future intentions requirement). That was after they had already naturalised while they were in the UK.

@secret.simon, w/o hijacking this thread too much could you please point me to these cases - purely out of curiosity? I tried searching but couldn't find any.

Also see this post, which has the links to the case.

secret.simon wrote: ↑

Thu Jan 16, 2020 11:11 pm

Also see this post, which has the links to the case.

Thank you simon, this was an interesting read indeed!

mralmssp wrote: ↑

Thu Jan 16, 2020 11:00 am

Also would like to know (have ILR for +12months)

i was planning on applying(online) when i'm on holidays(outside of the UK)
but if this is a problem i will apply when i'm back.

I've read through the UK GOV AN Guidance and couldn't find anywhere saying i need to be in the uk.

mralmssp wrote: ↑

Fri Jan 17, 2020 2:26 pm

mralmssp wrote: ↑

Thu Jan 16, 2020 11:00 am

Also would like to know (have ILR for +12months)

i was planning on applying(online) when i'm on holidays(outside of the UK)
but if this is a problem i will apply when i'm back.

I've read through the UK GOV AN Guidance and couldn't find anywhere saying i need to be in the uk.

You do however have to declare and list your absences and you will not be able to list a current absence return date as it will be in the future.

Simply apply when you are back in the UK to keep things simple.

Kindly also start your own topic or continue in one you already have instead of tagging onto another members thread.

Hi guys,

My wife is about to apply for British citizenship as the spouse of a BC but she spent 95 days outside the UK in the last 12 months.
I understand that up to 100 days are generally disregarded as per the home office guidance, however I’d like to check if anyone had a similar experience and what was the result?!

She had ILR in June 2019 and I had my BC in October 2019, and she hasn’t spent more than 270 days outside the UK in the last 3 years.

Thx

I know of several people (myself included) who exceeded even 100 days in last 12 months, and got citizenship. In all those cases most of travel was for work reasons though (and letter from work was included), but I am not sure it was that important. They (we) all submitted proof that we made UK our home (job/house/family, etc.)

Thx Obormot, this is not work related but for family reasons as her mum was ill and eventually passed away, not sure if that would stand!

Moderators, any comments?!

Hossny99 wrote: ↑

Wed Feb 05, 2020 6:52 am

Moderators, any comments?!

You have already been given the correct advice, what more are you looking for. 95 days is NOT an issue!!!

Okay thx CR001