Working abroad after ILR - affect on BC - urgent!!

[wins7031]

Hi moderators

I am due for BC in July 2015 (next month). An opportunity has arisen for me to be working from our company's office in another country. As I have to make a quick decision on whether to go ahead or not, could you kindly advice me based on the present rules

- Will I loose the right to apply for BC if I work for the same company abroad.
- with the 2 year rule, how would my position be if I return every 6 months on holidays to the UK for a couple of weeks
- my wife is due her ILR via the Tier 1 dependant route in 2017, will she loose it if I work abroad. She will be based in the UK
- is there a fast track way to apply for BC

Would really appreciate your advise

Thanks
Wins

[CR001]

Will I loose the right to apply for BC if I work for the same company abroad.

BC is not a right but a privilege. If you work abroad, you will exceed the absence allowance in the 5 years immediately prior to application as well as the 12 months immediately prior to application and would likely have to wait a couple of years once you return to be in line with the rules as they stand at the moment.

- with the 2 year rule, how would my position be if I return every 6 months on holidays to the UK for a couple of weeks

Might be risky and you risk ILR being cancelled or lost.

- my wife is due her ILR via the Tier 1 dependant route in 2017, will she loose it if I work abroad. She will be based in the UK

Her status is based on you living and working in the UK. Other mods could maybe advise but I suspect as her visa is dependent on you, she might have a problem.

- is there a fast track way to apply for BC

No there is no way to speed up the process.

[chocolateorange88]

if I were you I'd stay in the UK until you secure your British Citizenship.

[rsa707]

How about if someone submit his/her citizenship application, provide biometrics and then move out of UK for job or buisness. Will it have any effect on application process. Impact on the dependents visa or stay? Like in this case....

[CR001]

How about if someone submit his/her citizenship application, provide biometrics and then move out of UK for job or buisness. Will it have any effect on application process. Impact on the dependents visa or stay? Like in this case....

The applicant would still need to return to book and attend ceremony. If the applicant's spouse is on a visa that is dependent on the applicant (ILR holder or British), it could impact the spouse if the main applicant is not resident in the UK. If the dependent spouse has ILR already, there will be no impact.

[noajthan]

Hi moderators

I am due for BC in July 2015 (next month). An opportunity has arisen for me to be working from our company's office in another country. As I have to make a quick decision on whether to go ahead or not, could you kindly advice me based on the present rules

- Will I loose the right to apply for BC if I work for the same company abroad.
- with the 2 year rule, how would my position be if I return every 6 months on holidays to the UK for a couple of weeks
- my wife is due her ILR via the Tier 1 dependant route in 2017, will she loose it if I work abroad. She will be based in the UK
- is there a fast track way to apply for BC

Would really appreciate your advise

Thanks
Wins

Another thing to consider in applying for UK naturalisation is you need to demonstrate that your future lies in UK

2.3 Please insert the country where you intend to live if you are naturalised as a British citizen

[wins7031]

Thanks everyone for the prompt responses. Really appreciate it

I find it strange that UKBA would not even consider if an applicant is working for the same organisation but in a different country

Wouldnt a letter from my UK office suffice as enough proof for them?

[CR001]

It would be an application at discretion and you would have to ask for the discretion. You would also have to show the extent to which you have your estate in the UK, particularly if you have worked away for long periods and have substantial absences. HO has the right to refuse the use of discretion if they wish to and you would lose the application fee.

If your spouse is settled or BC will be helpful too but from your post it appears your spouse is still on a dependent visa.

[vishpb35]

when did you spouse entered UK first time? If you have British citizenship, then your spouse can apply for her Naturalisation after completing 3 years in UK.

[CR001]

by vishpb35 » Sat Jun 13, 2015 9:49 pm
when did you spouse entered UK first time? If you have British citizenship, then your spouse can apply for her Naturalisation after completing 3 years in UK.

OP has stated his circumstances and his spouse is clearly on a 5 year route to ILR.

Hi moderators

I am due for BC in July 2015 (next month).

- my wife is due her ILR via the Tier 1 dependant route in 2017, will she loose it if I work abroad. She will be based in the UK
- is there a fast track way to apply for BC

[Siraj ud-Daulah]

Hi OP,
If you apply in July and take up the position to move overseas then you can come back on holiday for the ceremony. It may or may not work but going that way your spouse will most likely have to wait, a lot longer.

Hi Char,
Please forgive me if my advice is not sound, just was thinking alternative routes for op.

[wins7031]

I am in a real catch 22 here. Have a dream job in front yet have the one last hurdle to end my journey with UKBA.

So, is the next step then using form AN and making an application, on receipt of which apply for passport and then cermony? How long does this process take end to end. Is it possible to make the AN application in country but do the rest abroad?

[Siraj ud-Daulah]

I am in a real catch 22 here. Have a dream job in front yet have the one last hurdle to end my journey with UKBA.

So, is the next step then using form AN and making an application, on receipt of which apply for passport and then cermony? How long does this process take end to end. Is it possible to make the AN application in country but do the rest abroad?

I think you can apply for naturalisation and then take up the position overseas, just use UK address to receive papers and come back on holiday for ceremony. Said that, I'm not sure how your spouse would find it as she may have to wait lot longer to be honest.

Hope Char or someone senior could shed light on.

The process is so random that some waits 2 weeks, others over a year. I'm waiting nearly 10 months now..

[wins7031]

I did think exactly the same but then wouldn't I have to hand in my passport as part of the naturalisation process?

[Siraj ud-Daulah]

I did think exactly the same but then wouldn't I have to hand in my passport as part of the naturalisation process?

Not if you go via the NCS route ,they photocopy everything so that you can still travel abroad

[rsa707]

Use NCS services and you can keep your original documents.

[noajthan]

I am in a real catch 22 here. Have a dream job in front yet have the one last hurdle to end my journey with UKBA.

So, is the next step then using form AN and making an application, on receipt of which apply for passport and then cermony? How long does this process take end to end. Is it possible to make the AN application in country but do the rest abroad?

The steps are actually:
using form AN and making an application, on success of which attend naturalisation ceremony (receive certificate) then apply for passport.

HO states:

A decision about your application will usually be made within 6 months - some applications can take longer.

(Timelines posted in this forum show some applications can be quicker).

In my family's case, 7 months all in for UK naturalisation and then British passport to be processed and granted.

[CR001]

my wife is due her ILR via the Tier 1 dependant route in 2017, will she loose it if I work abroad. She will be based in the UK
- is there a fast track way to apply for BC

You would need to check if your spouse's visa will still be valid if you are no longer working and living in the UK. As you appear to have obtained ILR based on TIer 1 General, her visa is still dependent on your status in the UK, i.e. she should not be living/working in the UK if her sponsor (you) are living and working abroad.

[fwd079]

I did think exactly the same but then wouldn't I have to hand in my passport as part of the naturalisation process?

As other members suggested, your best bet is to book NCS and apply. Make sure you have sufficient days off your company to come back to UK for Biometrics and Ceremony appointments. Good luck.