Questions re naturalisation application

[AmyGDala]

Hello!

I am new, so hopefully posting in the right place!! I'm a German national and in the process of applying for naturalisation based on permanent residence. I have a number of questions:

1. I cannot find any guidance regarding filling in the online form. I can only find "Guide AN" (https://assets.publishing.service.gov.u ... uly_20.pdf), which I believe sets out the legal requirements for naturalisation, and the "Nationality Forms Guide" (https://assets.publishing.service.gov.u ... Guide_.pdf), which I believe is a guide for the postal application form, but not the online form. For example, I have been told that when submitting an online application I only have to submit a scan of my documents rather than originals, but I cannot find this information in any guide.

2. On the website under "Apply for citizenship if you have 'permanent residence' status"(https://www.gov.uk/apply-citizenship-eea) it says that I need to "prove you were in the UK exactly 5 years before the day the Home Office receives your application", however in the online application form this is not mentioned, and in the checklist of documents I need to submit there is also no mention of this. Furthermore, I am unsure how I can prove that I was in the UK exactly 5 years ago. Has anybody successfully done this?

3. For the documents I need to submit, it says "you need to include letters from employers, educational establishments or other government departments, indicating your presence in the UK during the relevant 3- or 5-year period". I have been a full-time PhD student in the UK for the last five years. Would a statement of student status or a letter confirming that I have been enrolled as a full-time PhD student for this period of time suffice as proof of living in the UK for five years? Of course this wouldn't technically confirm that I wasn't studying remotely, but I am not sure what else to provide. Has anyone successfully applied with only a statement of student status to meet this requirement?

4. It also says I have to submit two "referee declarations", however there is no information about what these declarations should contain. However, by googling I have found this link: https://visas-immigration.service.gov.u ... on_MN1.pdf
Will this be accepted as a referee declaration? (I called the helpline and they said I would be sent the referee declaration forms after submitting payment for my application, but I would like to have all my documents ready before submitting and paying for my application.)

5. Is there a difference between the forms and requirements for applying from inside vs outside the UK? Is there an advantage to submitting the application from inside the UK? I will probably submitting my application from abroad, but I am not then given the option to attend the citizenship ceremony in the UK, even though I will be back home by then. Would I have to travel back abroad for the citizenship ceremony, or has anyone successfully applied from abroad but requested a ceremony in the UK?

6. Is it correct that I do not have to submit my certificate for passing the LIUK test, as long as I provide the reference number?

7. If I am away at the time of submitting my application with an unknown return date to the UK, how do I include this in my list of absences?

8. I am also unable to find out whether I can submit my biometrics while abroad. Does anyone have experience with this?

Thank you in advance!! Any advice would be greatly appreciated!!!

[CR001]

You cannot apply from abroad. It is only very limited situations that allow this. You must apply online within the UK and enroll your biometrics within the UK.

[AmyGDala]

Thank you for your quick reply!
I didn't read anywhere in the guides that you have to apply from within the UK - could you point me in the right direction?
All I found is that you have to have been in the UK on the day exactly five years before submission of the application, but nothing about the actual day when you submit it?

[alterhase58]

1. I cannot find any guidance regarding filling in the online form. I can only find "Guide AN" (https://assets.publishing.service.gov.u ... uly_20.pdf), which I believe sets out the legal requirements for naturalisation, and the "Nationality Forms Guide" (https://assets.publishing.service.gov.u ... Guide_.pdf), which I believe is a guide for the postal application form, but not the online form. For example, I have been told that when submitting an online application I only have to submit a scan of my documents rather than originals, but I cannot find this information in any guide.

The guide has not been updated specifically for the online application but you will be asked for all the information online. All documents are uploaded by yourself - you keep all your originals.
[/quote]

2. On the website under "Apply for citizenship if you have 'permanent residence' status"(https://www.gov.uk/apply-citizenship-eea) it says that I need to "prove you were in the UK exactly 5 years before the day the Home Office receives your application", however in the online application form this is not mentioned, and in the checklist of documents I need to submit there is also no mention of this. Furthermore, I am unsure how I can prove that I was in the UK exactly 5 years ago. Has anybody successfully done this?

That's a legal requirement in den British Nationality Act. You don't have to prove it specifically, but you need to make sure that on that date you were not away, i.e. it should not be in the list of absences.

3. For the documents I need to submit, it says "you need to include letters from employers, educational establishments or other government departments, indicating your presence in the UK during the relevant 3- or 5-year period". I have been a full-time PhD student in the UK for the last five years. Would a statement of student status or a letter confirming that I have been enrolled as a full-time PhD student for this period of time suffice as proof of living in the UK for five years? Of course this wouldn't technically confirm that I wasn't studying remotely, but I am not sure what else to provide. Has anyone successfully applied with only a statement of student status to meet this requirement?

Yes - as the requirement states,letter from "educational establishments" are acceptable.

4. It also says I have to submit two "referee declarations", however there is no information about what these declarations should contain. However, by googling I have found this link: https://visas-immigration.service.gov.u ... on_MN1.pdf
Will this be accepted as a referee declaration? (I called the helpline and they said I would be sent the referee declaration forms after submitting payment for my application, but I would like to have all my documents ready before submitting and paying for my application.)

When you have submitted your application you can print the forms off the system, give or send them to your referees to fill in.

5. Is there a difference between the forms and requirements for applying from inside vs outside the UK? Is there an advantage to submitting the application from inside the UK? I will probably submitting my application from abroad, but I am not then given the option to attend the citizenship ceremony in the UK, even though I will be back home by then. Would I have to travel back abroad for the citizenship ceremony, or has anyone successfully applied from abroad but requested a ceremony in the UK?

Already answered - within the UK it's online only. Paper forms are only for certain territories or certain circumstances. Your ceremony will be in the UK.

6. Is it correct that I do not have to submit my certificate for passing the LIUK test, as long as I provide the reference number?

Correct - I think that's all you be asked for.

7. If I am away at the time of submitting my application with an unknown return date to the UK, how do I include this in my list of absences?

You will need to add that day to your absences .... You need to be in the UK for your biometric appointment. Absences post-application are not relevant.

[vinny]

You cannot apply from abroad. It is only very limited situations that allow this. You must apply online within the UK and enroll your biometrics within the UK.

An example of being able to Naturalise overseas is applying as the spouse or civil partner of a British citizen.

[AmyGDala]

Already answered - within the UK it's online only. Paper forms are only for certain territories or certain circumstances. Your ceremony will be in the UK.

Thank you for all your answers! Regarding point 5 in particular, at the beginning of the application I got asked whether I am applying from inside or outside the UK. If I select that I am applying from overseas, I am then given as options for the citizenship ceremony all the countries in the world, except for the UK. Do you know anything about this? Do you know whether it is true that there are only a limited number of circumstances under which an application from abroad is permitted?

Thank you so much!

[AmyGDala]

You cannot apply from abroad. It is only very limited situations that allow this. You must apply online within the UK and enroll your biometrics within the UK.

An example of being able to Naturalise overseas is applying as the spouse or civil partner of a British citizen.

Thank you, vinny! May I ask whether you have seen this mentioned as an exception in this regard, or whether this is just the route that you know about and so you know that for that one an overseas application is possible?

I have not found any information regarding an overseas application not being permitted under any circumstances.

[secret.simon]

The British Nationality Act 1981 requires an applicant applying under Section 6(1) - a person who is not the spouse of a British citizen - to have the intention to reside in the UK after the grant of the naturalisation certificate

1(1)Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it—
...
(d)that either—
(i)his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom; or
(ii)he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Her Majesty’s government therein is a member, or service in the employment of a company or association established in the United Kingdom.

This requirement (the future intentions requirement) is not listed under Section 3 of Schedule 1, which are the requirements for naturalisation for the spouses of British citizens.

The 'future intentions' requirement is gauged on the basis of the past actions of the applicant. If the application itself is made from abroad, it is normally refused (See Page 33 of the Naturalisation as a British citizen at discretion caseworker guidance).

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

This discretion is exercised in case of air stewards and pilots and similar occupations.

There have been two cases on these forums where, after people naturalised in the UK and they applied for their first British passports from abroad, their passport applications were escalated from the Passport Office to the Home Office to see if the applicants had possibly breached the 'future intentions' requirement.

[AmyGDala]

Thank you, secret.simon - that is very helpful! So you're saying I am allowed to submit my application from abroad, but there is a risk that this may cause the caseworker to doubt whether I meet the future intentions requirement?

Even if making my application from abroad I would still be meeting all residence requirements, and I do not intend to be away for a continuous period of 6 months on my current absence, but I understand that it may not be worth the trouble that would be caused by a caseworker calling my intentions into question.

The two cases you refer to, are they the OP and the (currently) final entry in the below thread?
british-citizenship/hmpo-questions-natu ... 42302.html

I understand in the case of the original post the allegation was that there was evidence that the OP had been actively seeking permanent employment abroad before being naturalised, although it does not say that this happened before submission of the application. In the case of the other post in the thread I understand the allegations are that because the person left the country the day after the citizenship ceremony they must have had the intention to leave beforehand.
I am a little confused by both cases, because my understanding was that the future intentions requirement applies to the point at which the application is submitted, rather than the entire period of time from submission of the application until naturalisation during the ceremony. For a citizenship to be deprived on the basis of fraud, the applicant must have made a wrong statement, and the only statement the applicant makes with regard to their future intentions is at the time of submission of the applilcation. Have I misunderstood this? Is another statement about future intentions made at the ceremony?

[secret.simon]

So you're saying I am allowed to submit my application from abroad, but there is a risk that this may cause the caseworker to doubt whether I meet the future intentions requirement?

I am saying that while you can submit an application from abroad, such an application will lead to almost certain refusal, as the caseworkers will go by their guidance, which I quoted from. And you will not get a refund of the application fee (except for £80). You have the ability to make the application, but the chances of success after exercising that ability are minimal converging on zero and the cost is not slight.

The two cases you refer to, are they the OP and the (currently) final entry in the below thread?
british-citizenship/hmpo-questions-natu ... 42302.html

They are.

I am a little confused by both cases, because my understanding was that the future intentions requirement applies to the point at which the application is submitted, rather than the entire period of time from submission of the application until naturalisation during the ceremony.

Au contraire, it applies from the time the naturalisation is granted, as mentioned in the quotation from the Act in my original post in this thread. However, it is assessed based on your conduct till when your application is assessed by the Home Office. Even after you have been approved for citizenship, if there are material changes between the time of approval and the citizenship ceremony, the approval can be revoked by the Home Office before the ceremony takes place. See the long thread on naturalisation application disruptions during Covid, where many people have quoted from their approval emails stating as much.

For a citizenship to be deprived on the basis of fraud, the applicant must have made a wrong statement, and the only statement the applicant makes with regard to their future intentions is at the time of submission of the applilcation.

You are correct. But as you yourself pointed out with regards to the two cases discussed above, if information subsequently comes to light that the intention was not met at the time of the application, the British citizenship could either be annulled or deprivation proceedings could be initiated.

In your case, judging from your flag, as a German citizen, your application for British naturalisation must at least be submitted before December for you to hold both nationalities. Therefore, I would suggest that rather than engaging in deep analysis of the underlying theories and laws, you return to the UK, apply for British naturalisation from within the UK, return to Germany if you wish, then return to the UK to take the oath and apply for your first British passport. In your particular case, time is of the essence.

[AmyGDala]

Thank you for your reply, secret.simon!!

I am saying that while you can submit an application from abroad, such an application will lead to almost certain refusal, as the caseworkers will go by their guidance, which I quoted from.

It looks to me like the caseworker guidance only says applications "should" be refused if the applicant has been away for more than 6 months. It is less clear on shorter absences.

I am intending for my permanent home to be in the UK after naturalisation, which is what I answered in the form, and in that case the caseworker guidance says

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 absencesother 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, orwill 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

And all of these points apply to me - although I am not sure of the definition of an "established home", and whether in this case, too, they mean 6 continuous months. However, I am not sure how I might prove that I do not intend to be absent from the UK for more than 6 months (it seems that this is a bit of a circular requirement), and I am guessing that the caseworker can choose to not follow the above recommendation for any reason at all, is that right?

I am a little confused by both cases, because my understanding was that the future intentions requirement applies to the point at which the application is submitted, rather than the entire period of time from submission of the application until naturalisation during the ceremony.

Au contraire, it applies from the time the naturalisation is granted, as mentioned in the quotation from the Act in my original post in this thread. However, it is assessed based on your conduct till when your application is assessed by the Home Office.

Sorry, I'll rephrase - what I meant was, my understanding of the future intentions requirement is that the applicant's intention must be to reside in the UK after the citizenship has been granted, i.e. after the ceremony, however this intention only has to be present at the time of submitting the application, but not between submitting the application and the citizenship ceremony, at the ceremony, or after. Is this correct?

In your case, judging from your flag, as a German citizen, your application for British naturalisation must at least be submitted before December for you to hold both nationalities.

Just to double-check, do you mean before the end of December or have I got the date wrong?

Thank you so much for your help so far - and I will now be submitting my application from within the UK, but I am now worried about my intentions being called into question after submission or after naturalisation as due to Covid I am planning on spending a few months - albeit not six continuous months - in Germany after submitting my application.