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Going away for 6 months after application: UK address?

Posted: Fri May 20, 2016 4:27 pm
by onlooker
I want to apply for naturalisation (not married to BC) and go to my home country for about six months to finish my affairs there. Immigration solicitor said it's OK to do that (at least with their representation), but a UK address for myself is necessary. I am not a home owner and renting for six months for just an address seems unnecessarily expensive.

Has anyone been in this situation? Could a forwarding address service for travellers be used like http://www.boatmail.co.uk ?

Re: Going away for 6 months after application: UK address?

Posted: Fri May 20, 2016 4:36 pm
by CR001
and how will you enroll your biometrics if you are overseas?

What if you get approval quickly, how you would manage to attend the ceremony within the timeframe allowed?

Re: Going away for 6 months after application: UK address?

Posted: Fri May 20, 2016 5:52 pm
by 1kiril
Royal Mail redirects oversees for a fee.

Re: Going away for 6 months after application: UK address?

Posted: Fri May 20, 2016 6:20 pm
by onlooker
I can visit UK on short notice when needed. It's just that I need to spend most of this year in the home country to sort things out there.

There are various redirection mail services, but given the importance and cost of the application I need to be sure it's OK to use them. Otherwise I would rather rent a flat share for the sake of address however expensive it looks.

Re: Going away for 6 months after application: UK address?

Posted: Sat May 21, 2016 12:04 am
by CR001
Your first biometric letter gives you 15 days from date of letter to enroll at Post Office.

If you miss this one, you are sent a second letter which only gives you 10 days from date of letter to enroll.

If I were you, I would wait till I have enrolled my biometrics and then go to home country.

Also, what will you do if HO write to you and ask for documents or original passport, etc?

Re: Going away for 6 months after application: UK address?

Posted: Sat May 21, 2016 11:23 am
by onlooker
My solicitor said that they'll witness copies of my documents so I can keep the originals and travel. But if HO still asks for the original passport then yes, I'm prepared to return to UK and remain here until I get it back. Going to home country is important but the application is more so.

Re: Going away for 6 months after application: UK address?

Posted: Sat May 21, 2016 12:12 pm
by Gomjaba
Obviously up to you whether you want to risk your fee, but let me state the obvious, wait with the application until you are back

Re: Going away for 6 months after application: UK address?

Posted: Sat May 21, 2016 5:44 pm
by ScopeD
CR001 wrote: If I were you, I would wait till I have enrolled my biometrics and then go to home country.
Have you read CR001's post? You will still be required to have your biometric details taken. How are you going to do that if you've left the UK? At least have the biometrics out of the way before you travel.

Re: Going away for 6 months after application: UK address?

Posted: Sun May 29, 2016 4:26 am
by onlooker
Spoken to my solicitor about this and he said that mail forwarding address would do. As for biometrics, coming to UK to do them is no problem.

Re: Going away for 6 months after application: UK address?

Posted: Sun May 29, 2016 4:32 am
by vinny
With no UK home address, they may be unsatisfied with you fulfilling their future intentions requirements.

Re: Going away for 6 months after application: UK address?

Posted: Sun May 29, 2016 5:42 pm
by onlooker
I was worried about this too, though the reason I need to be away is selling my property in the country of origin to buy a home here. If I'm not physically there for 183 days in this year I will be taxed 30% of sale value (normally 0%). Such is the law. The only alternative is to get citizenship then travel and sell next year, but it will be a huge loss of time and will disturb my career plans.

Despite what solicitor said, address forwarding doesn't look very reliable to me. Well, there're flats to rent in UK for less than £300 a month.

Re: Going away for 6 months after application: UK address?

Posted: Sun May 29, 2016 5:51 pm
by CR001
Suggest you sit and give good thought to what you consider the most important and top priority. BC is to most migrants, the ultimate prize and is a costly exercise as it is and most will not jeopardize this final application at all, no matter what.

We all 'want our cake and to eat it' but that isn't how many things work unfortunately.

Re: Going away for 6 months after application: UK address?

Posted: Tue May 31, 2016 3:24 am
by onlooker
True, but I certainly wouldn't risk it if I didn't check with the solicitor. I've known them for years, they have a lot of experience and good reputation. I couldn't find any reports of applications refused on this or similar basis. I will update on how it goes.

Re: Going away for 6 months after application: UK address?

Posted: Tue May 31, 2016 9:46 am
by tripping
Why not apply for naturalisation AFTER you have completed your affairs abroad and then return to UK? That way you will avoid the stress and hassle, and potential cost of meeting the process requirements. Is this option not available to you?

Re: Going away for 6 months after application: UK address?

Posted: Tue May 31, 2016 1:35 pm
by onlooker
This is possible in theory. But then I would have 183 days of recent absences declared on the applcation. This seems more of an issue because the guidance clearly says that this is how they assess future intentions. Also, putting it away increases risk of unforeseen circumstances interferring.

Re: Going away for 6 months after application: UK address?

Posted: Tue May 31, 2016 2:04 pm
by noajthan
This is the opportunity cost of citizenship.

Note Its only 90 days absence that is permitted in final year before applying to naturalise.

Your best bet may be to appoint someone to operate for you and close down your foreign affairs.
Give that agent (trusted friend/relative etc) an appropriate level of powers and authority by virtue of power of attorney.

Re: Going away for 6 months after application: UK address?

Posted: Wed Jun 01, 2016 12:20 am
by onlooker
The period in which absences are considered ends on the date of application. See Section 6 of British Nationality Act 1981, it's very clearly stated.

As I explained, I want to travel to avoid huge non-resident property sales tax. It requires physical presence.

Re: Going away for 6 months after application: UK address?

Posted: Wed Jun 01, 2016 6:21 am
by Noetic
onlooker wrote:The period in which absences are considered ends on the date of application. See Section 6 of British Nationality Act 1981, it's very clearly stated.

As I explained, I want to travel to avoid huge non-resident property sales tax. It requires physical presence.
Do you not have a close friend or relative here who you could move in with for a while and who can look after your mail and let you know as soon as anything arrives eg biometrics request, request for further information etc?

Presumably that would also make it easier for you to find somewhere to live in the UK once you've sold your house back home. It's very difficult to arrange for somewhere permanent to stay from abroad - much easier if you can stay in a friend's spare room for a few weeks while looking around.

It is a bit odd that there are no options to notify HO of future travel plans although I guess before NCS they would've had your travel documents for a long time so you wouldn't be able to travel anyway.

It's understandable that you need to wind up your affairs abroad although HO may question if you mention that why, if you have been settled in the UK for so long, you haven't done this sooner.

Re: Going away for 6 months after application: UK address?

Posted: Wed Jun 01, 2016 8:56 am
by noajthan
onlooker wrote:The period in which absences are considered ends on the date of application. See Section 6 of British Nationality Act 1981, it's very clearly stated.

As I explained, I want to travel to avoid huge non-resident property sales tax. It requires physical presence.
90 days absence that is permitted in final year before applying
In some jurisdictions POA is as good as physical presence.

Otherwise you have choices to make, its your tax, your citizenship.
HO and yes, BNA 1981, won't make allowances for you. The requirements to naturalise are well-known and well-publicised.

Re: Going away for 6 months after application: UK address?

Posted: Wed Jun 01, 2016 11:21 pm
by onlooker
Noetic, the solicitor who represents me is the point of contact with HO regarding biometrics, etc.

noajthan, not sure what you mean by BNA 1981 not making allowances. The BNA makes the situation easier not harder because it only considers absences BEFORE the application. Once you've applied, you're OK to travel without worrying about the 90 days.

Re: Going away for 6 months after application: UK address?

Posted: Thu Jun 02, 2016 6:10 am
by Noetic
onlooker wrote:Noetic, the solicitor who represents me is the point of contact with HO regarding biometrics, etc.
Does that mean the further info requests and approval would also be sent to them?

Re: Going away for 6 months after application: UK address?

Posted: Wed Jun 08, 2016 9:51 am
by pelican2016
Hi Gurus/OP,

Sorry for hijacking the thread. I have sent an enquiry email to biometric team asking whether we can submit the biometric abroad after submitting our naturalisation application in UK. The reason for this post is my wife health has deteriorated because of nhs messup during pregnancy and she want to get her medical & family support in India now. She can get a letter from GP confirming the same. We need to submit our application on 27th June at NCS and the plan is to fly out on 29th June with a return date in September(only for her I will be back in 5 days) considering by that time we might have some result. She is currently on maternity leave till October. Just received a response from Nationality Biometrics team regarding submitting the biometric abroad. Below is the email snippet.

Code: Select all

Many thanks for your email.
 
Regarding the biometrics enrolment. You will have to enrol your biometrics details as part of the application process.  If you will be out of the country for more than 30 days you may be able to enrol your biometrics in the country you are visiting. You would need to tell us which country so we can send you the right letter.. There are Centres in most of the major cities. Details will be included in the letter you will receive once we have set up your record. The letter will detail how and where you can enrol your Biometrics. Otherwise the letter you will receive will be for taking to a UK Post Office.
 
At this stage we are not sure if you have submitted an application.
 
If you need to contact us in future so we can access your record please give you full name, date of Birth and address.
Regards
Your sincerely
PM Biometrics Team
Blue Zone
5th Floor
Capital Building
Liverpool  L3 9PP
UK.
Home Office
UK Visas & Immigration
Not sure from the above response where we can specify we want to give biometrics abroad in AN form. I am planning to attach a cover letter explaining the reason for biometric abroad if NCS accepts it.

Could anyone suggest will it be ok or we are taking a risk @ naturalisation cost?