The naturalization process and going abroad.

Hi there,

I have a question regarding the naturalization process which I was hoping someone would be able to advice me on.

My wife is currently on indefinite leave to remain which she will have been on for 12 months this September and the next step for her is to apply for naturalization/British citizenship.

However, the challenge that we've been faced with is that I have been offered an opportunity to work for 1 year in my company's Australian offices starting from the 1st of August this year (after which we'd return to the UK).

Naturally I'd only accept this offer if my wife is able to come with me and on the basis that it doesn't affect her naturalization/citizenship application since our plan is to return to the UK.

So my questions are as follows:

• 1. Would my wife be able to go with me to Australia in August this year and still continue with her application process or is it a requirement that she is in the country.

• 2. I'm aware that she'd need to attend an interview at some point does this interview have to happen within a certain time frame or could it potentially be prosponed to when we're back or even done in Australia.

Thanks you in advance for your swift reply.

Martin

gotlisch wrote:Hi there,

I have a question regarding the naturalization process which I was hoping someone would be able to advice me on.

My wife is currently on indefinite leave to remain which she will have been on for 12 months this September and the next step for her is to apply for naturalization/British citizenship.

However, the challenge that we've been faced with is that I have been offered an opportunity to work for 1 year in my company's Australian offices starting from the 1st of August this year (after which we'd return to the UK).

Naturally I'd only accept this offer if my wife is able to come with me and on the basis that it doesn't affect her naturalization/citizenship application since our plan is to return to the UK.

So my questions are as follows:

• 1. Would my wife be able to go with me to Australia in August this year and still continue with her application process or is it a requirement that she is in the country.

• 2. I'm aware that she'd need to attend an interview at some point does this interview have to happen within a certain time frame or could it potentially be prosponed to when we're back or even done in Australia.

Thanks you in advance for your swift reply.

Martin

Are you a British Citizen, how long has your wife been resident in the UK?

If your wife has been living in UK for 3 years or more then there is no requirement for her to wait 12 months after ILR. She can apply straightaway.

12 months wait after ILR is for applicants who are not married to British citizens.

Since your wife is married to a British Citizen (you), she only needs to have ILR on the date of application for naturalsation.

Ayyubi72 wrote:If your wife has been living in UK for 3 years or more then there is no requirement for her to wait 12 months after ILR. She can apply straightaway.

12 months wait after ILR is for applicants who are not married to British citizens.

Since your wife is married to a British Citizen (you), she only needs to have ILR on the date of application for naturalsation.

I suspect the wife came on a spouse visa for 2 years and thus 1 year after ilr will be correct. Though, the op hasn't clarified.

I’m not a British Citizen, I’m a Swedish Citizen – assume that means that my wife can’t apply for naturalization straight away, is that right? My wife came here through the highly skilled immigrant programme and will have been a resident for 6 years in total this Sep with 1 of those 6 years having been on leave to remain.

gotlisch wrote:I’m not a British Citizen, I’m a Swedish Citizen – assume that means that my wife can’t apply for naturalization straight away, is that right? My wife came here through the highly skilled immigrant programme and will have been a resident for 6 years in total this Sep with 1 of those 6 years having been on leave to remain.

Yes she'll have to be settled for 12 months (ilr or pr) prior to naturalisation as you're not British. If she travels in August she could still apply so far as she does not exceed absences though, she must have been physically in the uk present 5 years prior to the HO receiving her application. If she travels shell have to use the NCS or get certified copies of her passport, as she'll need that to travel.

As she'll be applying from the UK as you're not British your wife will have to return for the ceremony, without which she can not become British.

gotlisch wrote:

• 1. Would my wife be able to go with me to Australia in August this year and still continue with her application process or is it a requirement that she is in the country.

One of the requirements for naturalisation is future intentions. The UK will not grant citizenship to someone who doesn't want to make the UK his home after becoming a citizen. In practice, there is no way to enforce this after the application is approved (and I suspect there are many who just stay until they get the passport and then leave the UK) but you should be aware of this. It is better for her to apply from within the UK. She can use NCS and ask them to post the application later or join you in a later stage.

• 2. I'm aware that she'd need to attend an interview at some point does this interview have to happen within a certain time frame or could it potentially be prosponed to when we're back or even done in Australia.

Once the application is approved (2-3 months nowadays), she will have 3 months to attend a ceremony. In certain circumstances she can ask for an extension. The HO don't allow to transfer the ceremonies abroad (as this affects the future intentions criteria).