Future intentions requirement - Spouse lives abroad
Posted: Sat Oct 10, 2020 3:00 pm
Hi all,
I currently hold ILR and intend to apply for naturalisation next summer. My spouse (not British) decided to move abroad a couple of years ago for career development reasons. Pre-COVID, I visited her 4-5 times a year (70-80 days absence from the UK per year).
Thus, I read with some horror that her personal choice could affect my ability to naturalise (see guidance excerpts below).
How can I demonstrate either of the blue highlighted points? Is the fact that I have spent fewer than 90 days / year with her sufficient? Should I highlight this in my application?
We do not own any property, but I have lived in the UK for over a decade and have rented my flat for 5 years.
I currently hold ILR and intend to apply for naturalisation next summer. My spouse (not British) decided to move abroad a couple of years ago for career development reasons. Pre-COVID, I visited her 4-5 times a year (70-80 days absence from the UK per year).
Thus, I read with some horror that her personal choice could affect my ability to naturalise (see guidance excerpts below).
How can I demonstrate either of the blue highlighted points? Is the fact that I have spent fewer than 90 days / year with her sufficient? Should I highlight this in my application?
We do not own any property, but I have lived in the UK for over a decade and have rented my flat for 5 years.
If applicants say their intention is to have their principal home in the UK, you should
accept that they meet the requirement if they:
• meet the residence requirements, without the need to exercise any discretion
over excess absences other than up to 30 day
• have an established home here
• have been, or intend to be, absent from the UK for not more than 6 months
• the absence was, or will be, clearly temporary
• if it is an intended absence, we are satisfied they intend to return to the UK
• they have maintained an established home here where any close family who
have not accompanied them abroad have continued to live
• there is no information to cast doubt on their intention, for example, either:
- a partner who is or intends to live outside of the UK
- a recent absence from the UK for a period of 6 months or more
The fact that a spouse or partner is living, or will shortly be
living, abroad should not normally be taken as evidence that the requirement is not
met if any of the following apply:
• the couple are separated
• the spouse or partner has applied for, and is awaiting, an entry clearance
• you are otherwise satisfied that the spouse or partner intends to join the
applicant here
• it is clear that the couple are content to live apart for the foreseeable future
If none of these reasons apply, and the information suggests that any applicant
maintains, or intends shortly to maintain, their principal residence abroad, spends
substantial periods with their spouse or partner and children abroad, the application
should normally be refused.
