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Applying while non-UK spouse lives abroad

Posted: Sat Jun 29, 2024 7:59 pm
by UK-Nat-Candidate
Hi all, I'm really glad this community exists!
I am a non-UK, non-European citizen, married to a French citizen.

I am about to apply for my British Naturalisation. I believe I fit all the requirements. I have been working an living in the UK for 6 years, I am Settled, I haven't been outside of the country for too long etc.

The only concern I have is around the "Future intentions requirement".
My [French] spouse has been living in the USA for a few years. He is a permanent US resident and through him, I have obtained US visas, including US permanent residency.

I will say during the application that I intend to stay in the UK. I have found in this document: https://assets.publishing.service.gov.u ... retion.pdf
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 the couple are content to live apart for the foreseeable future
Do you know if any justification is required to show that we are separated? Do they require a legal separation?
Is there any way to show that my spouse and I are content to live apart for the foreseeable future?

I have also found
You must not refuse an application solely on the suspicion that the applicant will reside outside of the UK.
It leads me to believe that the fact that I have been living and working in the UK for 6 years, and tell them that I intend to stay in the UK, they would not have enough to deny me the application. Is that correct?

Thank you so much.

Re: Applying while non-UK spouse lives abroad

Posted: Mon Jul 01, 2024 11:26 am
by contorted_svy
You can explain that you are content of living in separate countries - note this doesn't mean you are legally separated so don't write that unless you and your spouse's relationship is dissolving. I would say that you have lived in the UK and he comes to visit you regularly but his business is there, or whatever your arrangement is, and maybe just to be sure explain that your job is here so you intend to live in the UK long term.

Re: Applying while non-UK spouse lives abroad

Posted: Tue Jul 02, 2024 3:50 pm
by UK-Nat-Candidate
Thank you for taking the time to reply @contorted_svy

I'm looking for the easiest justification to convince the person who'll review my application. My situation isn't as simple as these 4 categories.

We are content living in separate countries seems like a good choice, I'm just wondering what it'd take to convince the worker.
Alternatively, I can say that my spouse intends to come back to the UK in some time. I also don't know how to "prove" that. Maybe I can point out the fact that they are French and so coming back to the UK from the US would put them closer to their family.

The reason why I was considering the separation argument is that it seemed to me like the most straight forward one to explain. But then I don't know if we need to be legally separated or if claiming we are separated is sufficient. People get separated and get back together all the time.

Re: Applying while non-UK spouse lives abroad

Posted: Tue Jul 02, 2024 4:24 pm
by contorted_svy
I think if you explain you've been employed in the UK for a certain time (you can send a letter from your employer) and that you've lived here while married, that should do. You haven't been jetting off for months at a time. I don't think saying you separated is a good argument, if it is not true.

Re: Applying while non-UK spouse lives abroad

Posted: Tue Jul 09, 2024 2:04 am
by UK-Nat-Candidate
Thank you for the help @contorted_svy