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Leaving UK on a non-UK passport after receiving citizenship.

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

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HCJNL
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Leaving UK on a non-UK passport after receiving citizenship.

Post by HCJNL » Wed May 05, 2021 11:03 am

I was surprised to read, on a Facebook group, that a Dutch citizen, recently naturalised as a UK citizen, was told, on the phone, that she could not leave the UK until she had received her first British passport.
I understand that it inadvisable to apply for a first British passport from overseas, because of the 'intent to settle' requirement.
I also know that all visas automatically become invalid on receiving UK citizenship. So an Indian citizen, say, would indeed need to receive a UK passport before travelling.
But surely travelling to a from the UK on an EU passport (so visa-free) is OK? Especially as the application for the first UK passport has been submitted?

secret.simon
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Re: Leaving UK on a non-UK passport after receiving citizenship.

Post by secret.simon » Wed May 05, 2021 11:50 am

No problems with leaving the UK without a British passport.

As you mentioned, the issue may be with re-entering the UK.
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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Re: Leaving UK on a non-UK passport after receiving citizenship.

Post by jzag1989 » Wed Jun 30, 2021 5:57 pm

Hi. Could you please let me know what Facebook group this is, and also who said that it is inadvisable to apply for a passport from overseas after naturalisation?

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Re: Leaving UK on a non-UK passport after receiving citizenship.

Post by CR001 » Wed Jun 30, 2021 6:10 pm

jzag1989 wrote:
Wed Jun 30, 2021 5:57 pm
Hi. Could you please let me know what Facebook group this is, and also who said that it is inadvisable to apply for a passport from overseas after naturalisation?
Members are not permitted to post social media links on the forum.

Two members have reported that they had their citizenship approval reviewed after applying for passports abroad following their ceremony. HMPO informs HO when you apply from abroad for your first passport.
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Re: Leaving UK on a non-UK passport after receiving citizenship.

Post by jzag1989 » Thu Jul 01, 2021 9:18 pm

Ah ok, thanks!

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Re: Leaving UK on a non-UK passport after receiving citizenship.

Post by paranoi8androi8 » Thu Sep 09, 2021 4:03 pm

Hi CR001, thanks for that info - I wasn't aware. I've actually just applied for my first adult British passport from overseas. Where can I find more information on those two cases you mentioned?

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Re: Leaving UK on a non-UK passport after receiving citizenship.

Post by secret.simon » Fri Sep 10, 2021 2:19 am

paranoi8androi8 wrote:
Thu Sep 09, 2021 4:03 pm
Hi CR001, thanks for that info - I wasn't aware. I've actually just applied for my first adult British passport from overseas. Where can I find more information on those two cases you mentioned?
Note that the restriction on applying for first British passports from abroad applies to people who acquired their British citizenship by naturalisation, as it would appear to contradict the "future intentions" requirement of the naturalisation requirements.

British citizens who acquired their British citizenship in other ways (by registration or by descent, for instance) can apply for their first British passport from abroad.

SRU - Revocation of British Citizenship

Naturalization refused due to no fault of my own (though in this case, the HMPO made an error in issuing British passports before the citizenship ceremony and the applicant made it clear to the Home Office that they plan to leave the UK before the naturalisation ceremony - i.e. before actually acquiring British citizenship. This was later reversed).
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.

wootme
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Re: Leaving UK on a non-UK passport after receiving citizenship.

Post by wootme » Fri Sep 10, 2021 9:16 am

It's worth pointing out that the future intention requirements is only (legally) relevant to people applying under 6(1) but not under 6(2)

6(2) refers to spouses of British Citizens. The spouse of a BC shouldn't be refused a naturalisation application based on future intentions alone and, in my opinion, HMPO shouldn't deny a passport application from overseas for a person that naturalised under 6(2) either. I'm not sure they are able to see the naturalisation route but I am aware that multiple departments exchange information on immigrants and citizens for enforcement purposes.

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Re: Leaving UK on a non-UK passport after receiving citizenship.

Post by HCJNL » Fri Sep 10, 2021 9:39 am

Also, it is not forbidden to apply for your first passport overseas if you made a 6(1) application. Applying for your first passport from overseas does not automatically mean that you fail the future intentions requirement. But it invites scrutiny from the Home Office.

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Re: Leaving UK on a non-UK passport after receiving citizenship.

Post by paranoi8androi8 » Sat Sep 11, 2021 7:03 am

secret.simon wrote:
Fri Sep 10, 2021 2:19 am
paranoi8androi8 wrote:
Thu Sep 09, 2021 4:03 pm
Hi CR001, thanks for that info - I wasn't aware. I've actually just applied for my first adult British passport from overseas. Where can I find more information on those two cases you mentioned?
Note that the restriction on applying for first British passports from abroad applies to people who acquired their British citizenship by naturalisation, as it would appear to contradict the "future intentions" requirement of the naturalisation requirements.

British citizens who acquired their British citizenship in other ways (by registration or by descent, for instance) can apply for their first British passport from abroad.

SRU - Revocation of British Citizenship

Naturalization refused due to no fault of my own (though in this case, the HMPO made an error in issuing British passports before the citizenship ceremony and the applicant made it clear to the Home Office that they plan to leave the UK before the naturalisation ceremony - i.e. before actually acquiring British citizenship. This was later reversed).
Thank you - this is interesting to read. I called HMPO and was informed that there is no restriction on applying for a first adult passport from abroad - infact the questions in the application form clearly allow for this, and there are several examples of people even on this forum who have successfully received their first adult passports post-naturalisation by applying from overseas.

The other point is that my intention at the time of applying for naturalisation was (and continues to be now) to make the UK my main home in the long term. Should it matter if I then chose to leave the country for a length of time because of whatever reason? Isn't this effectively saying that there are various classes of British citizens, some with more freedom of movement than others?

My sense is that this couldn't stand up to scrutiny in an impartial court - the HO would have to prove beyond reasonable doubt that I had no intention to make the UK my main home at the point of submission of my naturalisation application. But I'm no lawyer, so we will wait and see what happens :-)

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Re: Leaving UK on a non-UK passport after receiving citizenship.

Post by paranoi8androi8 » Sat Sep 11, 2021 7:05 am

HCJNL wrote:
Fri Sep 10, 2021 9:39 am
Also, it is not forbidden to apply for your first passport overseas if you made a 6(1) application. Applying for your first passport from overseas does not automatically mean that you fail the future intentions requirement. But it invites scrutiny from the Home Office.
Agreed - and I suppose it's fair that they take a second look. It could be that some people pretend to live in the UK but were actually in another country the whole time.

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