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Moving Abroad Around Time of Citizenship Eligibility

Posted: Thu May 21, 2020 2:14 am
by moataze
Hi,

Last year on the 15th of September 2019 I obtained my ILR and I am currently going through the post-ILR year required to get citizenship. I have only been outside the UK for 2 weeks (14 days) on holiday so well within the 90 days restriction.

However, I've recently managed to land a very lucrative job offer at my country of birth and the company wants me to physically move to their office in that country on the 24th of July. If I leave the UK on the 24th of July, that would be exactly 53 days of absence in addition to the 14 days I've had previously for a total of 67 days before the date I am eligible for citizenship.

I am aiming to return to the UK before the 15th of September to complete the biometrics appointment and return to the country where I would be working straight after.

Would the above cause any issues with regards to my application?

Appreciate your help.

Re: Moving Abroad Around Time of Citizenship Eligibility

Posted: Thu May 21, 2020 4:24 am
by vinny
Unless you are the spouse or civil partner of a British citizen, they may refuse you for failing the future intentions requirement.

Re: Moving Abroad Around Time of Citizenship Eligibility

Posted: Thu May 21, 2020 11:08 am
by moataze
Thanks vinny, I've read about that requirement. The job is a contract for 6 months that pays a hefty sum of money. My intention is to do it so I can save a sizeable amount of cash then resume working on a startup I've been setting up here in the UK. This means that I will be returning to the UK and my intention is to continue living here.

Do you think if I mention this in a cover letter to the immigration officer it would be an issue?

Re: Moving Abroad Around Time of Citizenship Eligibility

Posted: Thu May 21, 2020 12:06 pm
by secret.simon
It would be wise to explicitly state that it is a fixed-term contract. But there can still be doubt in the mind of the caseworker, as fixed-term contracts can change into more long-term or even permanent contracts.

And the Home Office is beginning to look very closely at the future intentions requirement. There have been two reported cases of two applicants successfully naturalising in the UK and the Passport Office then flagging up their first British passport applications from overseas to the Home Office for breach of the future intentions requirement.

Therefore, it would be even wiser to apply for citizenship after you return.

Re: Moving Abroad Around Time of Citizenship Eligibility

Posted: Sat May 23, 2020 1:50 am
by Djsuccess
And I want to add that you will have to pay tax to the HMRC on that your "hefty pay". This is because you will need to remain a UK resident while working abroad, if you intend to apply for citizenship 6 months later. So if you decide to take the job, you might need to notify HMRC. Avoiding to pay your tax accurately could cause an issue. You can take the job for 6 months, come back to the UK afterwards and then apply for citizenship a year later. If the job is so great that you cannot to turn it down, then your safest option will be to postpone your citizenship application by one year. You will still need to pay your tax anyway.