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Airline crew

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

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UK-EU-UK
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Airline crew

Post by UK-EU-UK » Sun Aug 07, 2022 9:18 pm

Hello,

I’m European with ILR. I work for an airline based in the U.K.with a U.K. contract and I commute to work from an European country. I spent time in the U.K. but also due to my job as crew I fly to other countries.

Can I still apply for British citizenship? It says in the guidance that you do not have to be domiciled or be resident in the U.K. to apply for it.

Any help will be highly appreciated! Thanks :wink:

secret.simon
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Re: Airline crew

Post by secret.simon » Mon Aug 08, 2022 6:00 am

UK-EU-UK wrote:
Sun Aug 07, 2022 9:18 pm
It says in the guidance that you do not have to be domiciled or be resident in the U.K. to apply for it.
Residence in the UK is definitely a requirement for British citizenship. The Naturalisation as a British citizen caseworker guidance literally has a whole chapter on how the residence is assessed.

There are absence and physical presence requirements that need to be met.

The general rule-of-thumb is that discretion can be used to disregard one particular requirement if all others are met. But there are two absence requirements (over the past five years and over the past one year preceding the date of application) and the physical presence requirement of having been physically present in the UK exactly five years before the date of application).

And even then, Page 17 of the guidance above states "you must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK..." (the "you" in the sentence above referring to the caseworker assessing the application).
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: Airline crew

Post by UK-EU-UK » Tue Aug 09, 2022 10:05 am

Thank you so much for your reply secret Simon :wink:

I have two addresses, one in the U.K. and one in another European country. And I stay in both of them.

Can I use my address in the U.K. to apply for my citizenship. I do not stay there every day but that is there address I use for my official documents. If I use my address abroad, could it be prejudicial for the outcome of my application? Does it make any different which one I use?

Regarding the absences, I will need to ask for discretion due to my job as airline crew. :wink:

Thank you so much one again!

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Re: Airline crew

Post by Ticktack » Tue Aug 09, 2022 11:23 am

UK-EU-UK wrote:
Tue Aug 09, 2022 10:05 am
Thank you so much for your reply secret Simon :wink:

I have two addresses, one in the U.K. and one in another European country. And I stay in both of them.

Can I use my address in the U.K. to apply for my citizenship. I do not stay there every day but that is there address I use for my official documents. If I use my address abroad, could it be prejudicial for the outcome of my application? Does it make any different which one I use? I wouldn't expect that you use a different address apart from the UK.

Regarding the absences, I will need to ask for discretion due to my job as airline crew. :wink:
Good luck!
Thank you so much one again!
No sin in failing, you just have to try and try again!

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Re: Airline crew

Post by secret.simon » Tue Aug 09, 2022 3:09 pm

Did you read the Naturalisation as a British citizen caseworker guidance, specifically the chapter on residence?
Can you prove that you have "established their home, employment, family and finances in the UK..."?
And do you meet at least two of the three absence requirements?

Also keep in mind that if the application is refused, you do not get a refund on the application fee of ~£1300 (except for a refud of the £80 citizenship ceremony fee, for a ceremony that would not be taking place).
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: Airline crew

Post by UK-EU-UK » Tue Aug 09, 2022 5:28 pm

Hi secret.Simon!

I have read the naturalisation guidance. Due to the nature of my job as crew, I will have to ask for discretion regarding absences in the U.K.

I have stablished my home (renting), employment, not family (I’m single, I don’t t have family in the U.K.), and my finance (my savings are in the U.K.) all in the U.K.

My worry is that because I, sometimes, commute on my days off from my original country, specially in summer, I do not want it to be seen as a problem.

The situation here is that when I’m working in the U.K. I’m flying to other countries and continents. So any staff working during 5-6 days block will be based in the U.K. but my situation is different.I work for a U.K. based airline, my job forces me to travel to other countries. And when I come back to my base in the U.K., I spent time in the U.K. but I also try to see friends and family abroad.

If I only use the time I’m abroad visiting friends and family only, I’m well under the limit. But if I add that into my flying career it goes over the moon (but doesn’t exceed 900 days).

The question that is really stressing me out is the one about to give the right address. When the application is asking “is this where you live?” If I say yes, it is true but not completely true as I also spend time abroad.

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Re: Airline crew

Post by secret.simon » Tue Aug 09, 2022 5:38 pm

You would of course give your UK address as the application will almost certainly get rejected if you give an address abroad. You can only apply for naturalisation from within the UK.
UK-EU-UK wrote:
Tue Aug 09, 2022 5:28 pm
if I add that into my flying career it goes over the moon (but doesn’t exceed 900 days).
An absence is an absence, especially if it is job-related.

No harm in asking for discretion to be exercised, but don't expect it to be.

What would your absence be in the one year preceding the date of application?
(Page 18 of the guidance linked to above)
• of more than 100 days but not more than 180 days where the residence requirements over the full qualifying period are not met - consider exercising discretion if both the following apply:
o applicants have demonstrated that they have made this country their home by establishing a home, employment family, property and finances in the UK
o the absence is justified by Crown service or by compelling occupational or compassionate reasons, including inability to travel because of a global
pandemic
• exceeding 180 days where the residence requirements over the full qualifying period are met - consider exercising discretion if the applicant has
demonstrated that they have made the UK their home exceeding 180 days where the residence requirements over the full qualifying period are not met –
you must only exercise discretion where the applicant has demonstrated that they have made this country their home and there are exceptional
circumstances such as Crown Service.
Keep in mind that with ILR, you have almost all the same rights and benefits as a British citizen and the question would be, why do you need naturalisation so urgently?
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: Airline crew

Post by UK-EU-UK » Tue Aug 09, 2022 6:41 pm

Thank you so much,

I don’t need the BC so urgently, but my circumstances have not changed at all and I can’t change the nature of my job to control the absences.

Thank you for your interest, it is highly appreciated :)

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Re: Airline crew

Post by AmazonianX » Wed Aug 10, 2022 5:56 am

UK-EU-UK wrote:
Tue Aug 09, 2022 6:41 pm
Thank you so much,

I don’t need the BC so urgently, but my circumstances have not changed at all and I can’t change the nature of my job to control the absences.

Thank you for your interest, it is highly appreciated :)
Respond to the question asked on what was/will be your your absence in the 1 year preceding the application?

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