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Waiver of Residency Requirement

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

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WCS314
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Posts: 11
Joined: Thu Jul 11, 2019 11:14 am
United States of America

Waiver of Residency Requirement

Post by WCS314 » Mon Mar 20, 2023 5:27 pm

Hello,

I am trying to figure out whether I can obtain British citizenship (at least without waiting). My wife and I reside in the United States. My wife holds British and U.S. citizenship. I have Italian and U.S. citizenship. Our children have American, British and Italian citizenship. English is my first language and I would no issue with character or anything along those lines.

We do not live nor do we intend to live in the UK any time soon, but we would like to consider moving there from the U.S. in the next five to ten years. Does the UK ever waive the residency or physical presence requirement for a citizenship application? I know I am eligible for a visa, but if I could skip ahead to the citizenship process I would. We both work privately in the U.S. and not for any type of UK government service.

Thanks.

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alterhase58
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Joined: Thu Aug 25, 2016 11:02 pm
Location: UK Bucks
Germany

Re: Waiver of Residency Requirement

Post by alterhase58 » Mon Mar 20, 2023 7:10 pm

I don't think there's any other way to have the residency requirement waived, apart from what you have looked at already.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Waiver of Residency Requirement

Post by secret.simon » Wed Mar 22, 2023 5:15 am

There isn't a single "residency" requirement, but multiple interlocking requirements.
For a start, you need proof of being physically in the UK at the start of the three year period (as your wife is a British citizen) before the date of application. Till July 2022, that was a mandatory requirement that the Home Office has no discretion to disregard, but the law was then changed to give the Home Office discretion in that specific point.
At the time, that was the main reason that a certain American Duchess, a Princess of the UK no less, could not acquire British citizenship, even though married to a member of the Royal family.
You then also need limited absences from the UK in birth the three and one year periods immediately preceding the date of application.
You also need ILR, the UK equivalent of permanent residency, which is generally acquired only after residence in the UK of between five and 10 years.
The Home Office had discretion to disregard these requirements, but
(a) You need to provide them a reason as to why you could not meet the requirements. Wanting them disregarded because, well, you don't meet them, does make a mockery of both the law and those who do work to meet the requirements.
(b) As a general rule, only one requirement (and there are four specific requirements listed above, not one overarching "residency" requirement) is disregarded and the applicant is expected to meet all the other requirements.
UK citizenship is far harder to acquire and to pass on outside the UK than say, Italian or Polish citizenship.
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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