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Waiver of Residency Requirement

Posted: Mon Mar 20, 2023 5:27 pm
by WCS314
Hello,

I am trying to figure out whether I can obtain British citizenship (at least without waiting). My wife and I reside in the United States. My wife holds British and U.S. citizenship. I have Italian and U.S. citizenship. Our children have American, British and Italian citizenship. English is my first language and I would no issue with character or anything along those lines.

We do not live nor do we intend to live in the UK any time soon, but we would like to consider moving there from the U.S. in the next five to ten years. Does the UK ever waive the residency or physical presence requirement for a citizenship application? I know I am eligible for a visa, but if I could skip ahead to the citizenship process I would. We both work privately in the U.S. and not for any type of UK government service.

Thanks.

Re: Waiver of Residency Requirement

Posted: Mon Mar 20, 2023 7:10 pm
by alterhase58
I don't think there's any other way to have the residency requirement waived, apart from what you have looked at already.

Re: Waiver of Residency Requirement

Posted: Wed Mar 22, 2023 5:15 am
by secret.simon
There isn't a single "residency" requirement, but multiple interlocking requirements.
For a start, you need proof of being physically in the UK at the start of the three year period (as your wife is a British citizen) before the date of application. Till July 2022, that was a mandatory requirement that the Home Office has no discretion to disregard, but the law was then changed to give the Home Office discretion in that specific point.
At the time, that was the main reason that a certain American Duchess, a Princess of the UK no less, could not acquire British citizenship, even though married to a member of the Royal family.
You then also need limited absences from the UK in birth the three and one year periods immediately preceding the date of application.
You also need ILR, the UK equivalent of permanent residency, which is generally acquired only after residence in the UK of between five and 10 years.
The Home Office had discretion to disregard these requirements, but
(a) You need to provide them a reason as to why you could not meet the requirements. Wanting them disregarded because, well, you don't meet them, does make a mockery of both the law and those who do work to meet the requirements.
(b) As a general rule, only one requirement (and there are four specific requirements listed above, not one overarching "residency" requirement) is disregarded and the applicant is expected to meet all the other requirements.
UK citizenship is far harder to acquire and to pass on outside the UK than say, Italian or Polish citizenship.