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Hi All,

I am wondering if Brexit has any impact on immigration for Non EU Nationals.
I am specially interested in British Citizenship, if there can be a policy change.

I have ILR since 2012, however being out of UK approx. 850 days in last 5 yrs. (627 days, single stretch, personal reasons) & 150days in last 1 year, if I apply in Nov'16, I am not sure, what are the chances of application being successful. I live in UK since 2006. I have a limited company in UK & also bought a house as well. I know that I can apply under discretion, however chances of application being successful, I am not sure.

In view of this, If I wait for next 2 yrs., is it possible that due to Brexit, BC policy might change in adverse way?

Seniors, kindly provide your opinion, if I should apply in Nov'16 or better to wait for another 2 yrs.

Thanks in Advance

Kaydee

There's no direct connection.

British nationality is not a matter which comes under EU law - the rights of EEA nationals in other member states include permanent residence after 5 years of exercising treaty rights, but there is no right to nationality.

avjones wrote:There's no direct connection.

British nationality is not a matter which comes under EU law - the rights of EEA nationals in other member states include permanent residence after 5 years of exercising treaty rights, but there is no right to the nationality.

Hello AVJones,

Many thanks for your reply. Very helpful.
I am also of the opinion that Brexit wouldn't impact British Citizenship criteria.

Do you know, the maximum no. of days out of UK in last 5 yrs. & last 1 year of application, British citizenship (under discretion) has been accepted, please.

I am gauging the chances of my application being successful.

Thanks a lot in advance

Your absence levels are almost double what HO allow. High risk of refusal due to absence, particularly the almost 2 years in a single stretch.

Thanks CR01, for your reply.
cheers

I'd agree, especially the long absence. The Home Office bears in mind (among lots of other things) whether you are making the UK your home and intend to in the future. That sort of absence falls outside the guidelines.

Thanks.

Is anyone aware, of the previous cases, on how much absences in single stretch have been accepted & in last 5 years how many, please? I know, that under 900 days, application can be made under discretion of Case worker / HO.

Thanks
Kaydee

kaydee2016 wrote:Thanks.

Is anyone aware, of the previous cases, on how much absences in single stretch have been accepted & in last 5 years how many, please? I know, that under 900 days, application can be made under discretion of Case worker / HO.

Thanks
Kaydee

See the AN guidance on discretion; caseworkers will use that.

For such an excessive absence you will have to defer application and wait until it times out and/or count absences over a 7 or 8 years period.
Again see the guidance.

noajthan wrote:

kaydee2016 wrote:Thanks.

Is anyone aware, of the previous cases, on how much absences in single stretch have been accepted & in last 5 years how many, please? I know, that under 900 days, application can be made under discretion of Case worker / HO.

Thanks
Kaydee

See the AN guidance on discretion; caseworkers will use that.

For such an excessive absence you will have to defer application and wait until it times out and/or count absences over a 7 or 8 years period.
Again see the guidance.

Hello Seniors,

I need some light on the topic of British Citizenship again. My case is that I have 843 days out in last 5 yrs.(if I apply on 1st Nov 16) & 143 days out in last 1 year. If I get a job abroad for which British Citizenship is a requirement & this letter is produced, I hope, I can get the British Citizenship?
I base my case, as per Cl. 4.1.2 & 5.1.3.c of Annexure B to Chapter 18 (Residence requirements). This will be at the discretion of HO, however, I see a light in the tunnel.

Appreciate, the point of views of experienced members, please.

Thanks in advance

Kaydee

British citizenship is granted under the following:
"you intend to continue to live in the United Kingdom, or to continue in crown service, the service of an international organisation of which the United Kingdom is a member, or the service of a company or association established in the United Kingdom;"

A letter showing that you intend to live outside of the UK, rather than resulting in BC being granted under discretion will in fact have the opposite result.

Unless OP intends to join Crown Service or another of the exceptions listed above (which would explain the need to be a British citizen) I guess?

But unless that is the case then yes OP wouldn't be helping themselves at all with such a letter, instead confirming initial impressions from the long absences that they have few ties to the UK and have no intention of ever settling here permanently.

Noetic wrote:Unless OP intends to join Crown Service or another of the exceptions listed above (which would explain the need to be a British citizen) I guess?

But unless that is the case then yes OP wouldn't be helping themselves at all with such a letter, instead confirming initial impressions from the long absences that they have few ties to the UK and have no intention of ever settling here permanently.

Hello There,

Many thanks for your reply. Appreciated.
Actually the long absence earlier was due to the reasons of family matters (divorce & related issues) which was not in UK jurisdiction. This was the main reason for long absence. Also child was in native country as well, so I was dealing with child custody case as well. Additionally it was due to parents health. All factors combined together, made a long absence. I returned to UK after dealing with these issues & openend a company. Company did well & traded for more than 2 yrs. Company is still active & paid corporation tax & VAT to HMRC. Additionally I bought a home last year with the intention to settle. I also have my pension pot in UK as well.
Now after last contract was finished, I am not yet able to get another contract, as getting work in Oil & Gas industry is very challenging due to rock bottom oil prices. I am idle since last 5 months now. I would like to accept the opportunity to be in work asap & move abroad, if I get work. I came across an offer, where having BC is a must. Company is world known company & they have their office in UK as well. My point is, whether to make time for BC, should I lose the opportunity to be back in work? Even if I am out, I'll maintain link with UK, as I have house & most that I have in UK. I have no family as I am divorced.
If I leave this opportunity, I have to keep looking for suitable role in UK, don't know, how long it might take. Additionally, Being British doesn't mean that one has to stay within UK, rather for business / work reasons, travel & work abroad is very much accepted. After I finish my contract with new company, I intend to return back to UK. I am happy to confirm to HO, I'll maintain ties with UK & will keep what I already have.
To support my arguement, the residence requirements Annex. B to Chapter 18 Cl. 4.1.2, favours me,as it says,
"exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now, including, for example, because the applicant has a firm offer of a job for which British citizenship is a statutory or professional requirement."
As I see, If I can prove that British Citizenship is the professional requirement, I should be accepted for BC.
Sorry to wrote long, but I think, I have a point. Additionally, I can take help from my local Member of Parliament to strengthen the application.

regards

Kaydee