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Relocating before ceremony

Posted: Tue Feb 23, 2021 11:08 pm
by sambaixo
Hi everyone,

I'm super confused about how to go about my naturalisation application :? I'd appreciate if any of you experts can share some information or advice!

I have been living in the UK since 2012, first as Tier 2 then as Spouse (unmarried). Because of the change of status I only got the ILR in June 2019.

I applied for citizenship one year later, on 6/6/2020, and was approved on 30/9/2020. Around the approval time, there was some restructuring at work and I have been asked to relocate to a new office in France, effective Jan2021 :shock:

I got the ceremony invitation just before Christmas, so I never managed to attend one before my local authority (Lewisham) stopped doing them due to the new lockdown :(

The application was based on my settlement, not on marriage to a British citizen, as by then we were still unmarried partners :roll: In between lockdowns, my wife and I managed to tie the knot in Nov2021 :D

So now I am living in France with my family. Since my application was under section 6(1), I don't think I fulfil the permanent residence intentions requirement anymore. We are probably coming back to the UK, but it will be in 3-4 years when our daughter is in secondary school age.

Today I got a call from my ex-council that they started doing virtual ceremonies but I am in France so officially I am not allowed to attend one. I can't really get back to the UK for a virtual ceremony with all the restrictions in place - I don't think my reasons fit the acceptable ones by either the UK or France. Anyway I read in the forum some cases of people applying for a passport from abroad and seeing their citizenship being then revoked.

So I am not sure what to do now:
  • Try delaying the ceremony until the lockdown eases, travel back to the UK and do the ceremony and apply for a passport
  • Call the home office to see if can change the section of my application to 6(2) or just to see if they would ignore the future residence intentions requirement
  • Apply again under section 6(2)
  • Forget about it and apply again when I come back permanently to the UK. My ILR expires in 2y, not sure how hard it is to get returning resident visa?
To start with, is it clear that I could apply again under 6(2) from outside of the UK? I haven't spent more than 90 days abroad in any year, and I have been in the UK for 8 years, but I'm not in the UK right now.

Thanks everyone!

Re: Relocating before ceremony

Posted: Fri Feb 26, 2021 2:33 pm
by sambaixo
Hello, any advice on this?

I couldn't find anything like this on the forums, would anyone know if the HO would ignore the future intentions requirement if someone is married to a British person but applied using ILR?

Since I'm now living in France I don't have too long until I exceed the 90 days out of the country and won't be able to apply again as British spouse.

Thanks,
Sam

Re: Relocating before ceremony

Posted: Fri Feb 26, 2021 7:17 pm
by CULLINAN
Good read:

https://www.freemovement.org.uk/natural ... ive-in-uk/

Do not make it complicated. I would suggest come back and attend the ceremony and apply for a British Passport. Do what you want to do then. Future intentions can change anytime, as long it was true at the date of application. Obviously this is my personal opinion. Do not take it as legal advice.

Re: Relocating before ceremony

Posted: Tue Mar 02, 2021 9:48 am
by sambaixo
Thanks Cullinan, I had read that page already. It's just that from last January we have been all living abroad, and I read in the forum about the cases that have been refused because the person applied for the first passport from abroad.

So just to confirm, your advice would be to come back to the UK to do the ceremony and also apply for the first passport from the UK? So I'd need to plan to stay in the UK for probably about a month?

I have until June to do the ceremony so hopefully by then the borders will be open again.