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Applying for naturalisation whilst abroad
Posted: Wed Oct 26, 2022 4:18 pm
by PeaSouper
My girlfriend has ILR, and we are about to leave the UK for ~2 months. She is well under the five year and one year absence limits, and indeed she still will be under both limits even after we return from our trip in early January.
We'd planned to get her naturalisation application filed before we leave the country in a couple of weeks. But there's a problem: Her successful Life in the UK application from 2011 says "Your success at this test also demonstrates that your level of competence in English meets the required standard for naturalisation or indefinite leave to remain. No further proof of this is needed", but I believe that requirements have now changed and she'll need to find an English language test . Even if we can sort that out in short order, she won't have her results until we're away.
Is there any reason that, all other requirements being met, we can't submit her passport application whilst we are abroad? I don't see anything in the guidance that says you must be in the UK on the day that you submit your application, although there's a question in the online form early on that asks "Are you in the UK?" to which the answer is obviously no.
Re: Applying for naturalisation whilst abroad
Posted: Wed Oct 26, 2022 4:29 pm
by Ticktack
PeaSouper wrote: ↑Wed Oct 26, 2022 4:18 pm
My girlfriend has ILR, and we are about to leave the UK for ~2 months. She is well under the five year and one year absence limits, and indeed she still will be under both limits even after we return from our trip in early January.
We'd planned to get her naturalisation application filed before we leave the country in a couple of weeks. But there's a problem: Her successful Life in the UK application from 2011 says "Your success at this test also demonstrates that your level of competence in English meets the required standard for naturalisation or indefinite leave to remain. No further proof of this is needed", but I believe that requirements have now changed and she'll need to find an English language test . Even if we can sort that out in short order, she won't have her results until we're away.
Is there any reason that, all other requirements being met, we can't submit her passport application
She can't apply for a passport as she isn't British yet! She might run into difficulties applying for naturalisation from outside as it would raise questions about further residence in the UKwhilst we are abroad? I don't see anything in the guidance that says you must be in the UK on the day that you submit your application, although there's a question in the online form early on that asks "Are you in the UK?" to which the answer is obviously no.
She can make her naturalisation application and travel out of the UK the next day after her biometrics. Otherwise, she needs to wait until she comes back.
Re: Applying for naturalisation whilst abroad
Posted: Wed Oct 26, 2022 4:46 pm
by PeaSouper
Ticktack wrote: ↑Wed Oct 26, 2022 4:29 pm
She can't apply for a passport as she isn't British yet! She might run into difficulties applying for naturalisation from outside as it would raise questions about further residence in the UK
Sorry! I meant apply for her naturalisation whilst we are abroad, not her passport application. Thank you for your clarification though. Perhaps I'm missing something, but this really should be in the guidance if they want you to be in the UK on the day of your application.
Re: Applying for naturalisation whilst abroad
Posted: Wed Oct 26, 2022 8:37 pm
by secret.simon
PeaSouper wrote: ↑Wed Oct 26, 2022 4:46 pm
I meant apply for her naturalisation whilst we are abroad, not her passport application.
Naturalisation has a future intentions requirement, that the applicant intends to be resident in the UK for the rest of their lives.
If the application is made from abroad, the caseworker will almost certainly reject the application, unless the applicant can give some exceptional reason for making the application from abroad.
Keep in mind that naturalisation is not a required application and the applicant will already have the right to reside in the UK (because they also need ILR or Settled Status to apply). So the reason for applying from abroad needs to be suitably exceptional.
Nationality policy: Naturalisation as a British citizen by discretion caseworker guidance wrote:(Page 30)
If the applicant is abroad or is about to go abroad for a continuous period of more than 6 months,
you should normally refuse the application and advise the applicant to re-apply, on their return to the UK, for permanent residence.
An exception may be made to the general rule, however, where any of the following apply:
• the applicant is undertaking voluntary work such as with the Voluntary Service Overseas (VSO)
• the applicant is undertaking studies, training, or employment abroad which is necessary to pursue a UK based profession, vocation or occupation
• the absence forms part of an established pattern, such as in relation to employment at sea and the applicant is primarily based in the UK
Keep in mind that the next few steps (biometrics submission, citizenship ceremony and application for first British passport) will need to be done within the UK anyway.
Re: Applying for naturalisation whilst abroad
Posted: Wed Oct 26, 2022 11:32 pm
by contorted_svy
If you will be back in January, you can just apply then, citizenship is a voluntary application so there is no reason to rush about it (and potentially jeopardising the application) if she will still be under the 90 days absence limit.
Depending on where you live/if you can travel, English language tests are quite easy to book with quick turnaround,.so you could get one done and receive the reference number within a week, and apply just before you leave, and be back in time to get biometrics done (you have 45 days).
You do need to be in the UK to apply, that's why the form asks. It's not worth in my opinion to risk it.