Citizenship ceremony whilst abroad?

[gbfunk]

Hi all,

Wondering if anyone can give me some advice.

My wife applied for citizenship on September 16th (5 years work permit, ILR and then got married) about a month after we got married via NCS.

We always intended going to New Zealand (where she is from) for a couple of years - the spousal application form does not require you to have a commitment to remaining in the UK. This has been brought forward by a dream job becoming available which means we leave on 5th Jan.

Unfortunately, still haven't recieved reply for the citizenship people. What options do we have? Does she have to return to do the citizenship ceremony, or can you do this whilst abroad? Has anyone gone through this process?

Obviously, she can come back for the ceremony, but it is an awfully long way to travel and very expensive and would much rather avoid if possible.

How would we go about arranging the ceremony abroad (if it can be done)?

I've spent ages looking through the bia website, and still can't seem to find clarity on this issue!

thanks a lot for any experiences or insight anyone can provide...
Cheers,
gbFunk

[republique]

Hi all,

Wondering if anyone can give me some advice.

My wife applied for citizenship on September 16th (5 years work permit, ILR and then got married) about a month after we got married via NCS.

We always intended going to New Zealand (where she is from) for a couple of years - the spousal application form does not require you to have a commitment to remaining in the UK. This has been brought forward by a dream job becoming available which means we leave on 5th Jan.

Unfortunately, still haven't recieved reply for the citizenship people. What options do we have? Does she have to return to do the citizenship ceremony, or can you do this whilst abroad? Has anyone gone through this process?

Obviously, she can come back for the ceremony, but it is an awfully long way to travel and very expensive and would much rather avoid if possible.

How would we go about arranging the ceremony abroad (if it can be done)?

I've spent ages looking through the bia website, and still can't seem to find clarity on this issue!

thanks a lot for any experiences or insight anyone can provide...
Cheers,
gbFunk

She will have to return for the ceremony
Otherwise she can let her approval expire and then apply again when she returns to the UK on a more permanent basis. She will have to return to the UK in 2 years or she will lose her ILR status.

[Mr Rusty]

Hi all,

I've spent ages looking through the bia website, and still can't seem to find clarity on this issue!

gbFunk

The requirements for naturalisation are set out quite clearly, and include the phrase highlighted:-

"There are seven requirements you need to meet before you apply:

you are aged 18 or over; and
you are of sound mind; and
you intend to continue to live in the United Kingdom, or to continue in crown service, the service of an international organisation of which the United Kingdom is a member, or the service of a company or association established in the United Kingdom; and
you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
you have sufficient knowledge of life in the United Kingdom; and
you are of good character; and
you meet the residential requirements."

As your wife is leaving for New Zealand, she doesn't qualify. For obvious reasons they don't have ceremonies abroad.

[gbfunk]

Thanks for your feedback. However, this is incorrect.

Refer to : http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

and you will see that this restriction does not apply to spouses of British Citizens.

The following conditions do apply, which my wife meets.

* you are aged 18 or over; and
* you are of sound mind; and
* you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
* you have sufficient knowledge of life in the United Kingdom; and
* you are of good character; and
* you are the husband, wife or civil partner of a British citizen; and
* you meet the residential requirements; or
* your husband, wife or civil partner is in Crown or designated service outside the United Kingdom.

Cheers,
gbFunk

[republique]

Thanks for your feedback. However, this is incorrect.

Refer to : http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

and you will see that this restriction does not apply to spouses of British Citizens.

The following conditions do apply, which my wife meets.

* you are aged 18 or over; and
* you are of sound mind; and
* you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
* you have sufficient knowledge of life in the United Kingdom; and
* you are of good character; and
* you are the husband, wife or civil partner of a British citizen; and
* you meet the residential requirements; or
* your husband, wife or civil partner is in Crown or designated service outside the United Kingdom.

Cheers,
gbFunk

The point is there is no citizenship ceremony abroad.

[gbfunk]

Also found this on the UKBA site;

http://www.ukba.homeoffice.gov.uk/briti ... /ceremony/

This page provides details of the citizenship ceremony that all adults wishing to become British citizens in the United Kingdom are required to attend. Ceremonies in the United Kingdom are conducted on our behalf by registrars in local areas. If you are abroad, the ceremony will be conducted by the diplomatic post in the country where you live.

Was wondering about the practicalities of this, and looking for someone who had actually done it.

Apologies, should have made it clearer in my first post that I have researched this and am not trying to claim something for which my wife is not eligible.

The application was started in this country and we were intending on being here until it completed, but plans change - as driven by the dream job becoming available. Thought this might have been a situation someone else had experienced and could give me some advice on how to deal with it.

Thanks anyway for your help,
gbFunk

[republique]

Also found this on the UKBA site;

http://www.ukba.homeoffice.gov.uk/briti ... /ceremony/

This page provides details of the citizenship ceremony that all adults wishing to become British citizens in the United Kingdom are required to attend. Ceremonies in the United Kingdom are conducted on our behalf by registrars in local areas. If you are abroad, the ceremony will be conducted by the diplomatic post in the country where you live.

Was wondering about the practicalities of this, and looking for someone who had actually done it.

Apologies, should have made it clearer in my first post that I have researched this and am not trying to claim something for which my wife is not eligible.

The application was started in this country and we were intending on being here until it completed, but plans change - as driven by the dream job becoming available. Thought this might have been a situation someone else had experienced and could give me some advice on how to deal with it.

Thanks anyway for your help,
gbFunk

Again I dont think this applies if you applied for citizenship while in the UK. I do remember some guy who was arrested and imprisoned in guantanamo bay was able to do so but only because he applied from the abroad and there were extraordinary circumstances. And after he was sworn in, the govt took it away.

[paulp]

gbfunk, which address have you given on your application form? When an application is granted, the applicant has 3 months to have the ceremony or they have to start over again.

Why don't you ask the High Com in NZ if they can hold the ceremony there?

[republique]

gbfunk, which address have you given on your application form? When an application is granted, the applicant has 3 months to have the ceremony or they have to start over again.

Why don't you ask the High Com in NZ if they can hold the ceremony there?

The Caseworking instructions state

Transfers from the UK to abroad
6.11.22.11 The ethos and background relating to citizenship ceremonies is that new citizens are welcomed into their local community. A transfer should therefore only be granted if the applicant has applied for registration or for naturalisation under s.6(2) of the BNA 1981 and is outside the UK indefinitely. If applicants state that they will only be away for a few months, we should consider offering an extension to allow them to attend the ceremony in the UK when they return.
6.11.22.12 CCST will not transfer naturalisation claims under s.6(1) as this will cast doubts about whether their future intentions lie in the UK. If a s.6(1) applicant states that they will be abroad for more than 6 months, CCST will refer the case to the appropriate Senior Caseworker to check whether the applicant satisfies the future intentions requirement.

So I guess you could make a argument if you applied under section 6.2 if its 6.1, you can forget it. So which section did you apply under??
However your point about married spouse to british citizens may not be help your case because it sounds like she applied based on work permit residency not as a spouse so what basis did she use to apply for citizenship?

[gbfunk]

Thanks republique - that is far more clear and concise than anything I found!

We did apply under section 6.2 - my wife had not had ILR for the full 12 months, and under the spousal application she only had to be free from immigration time restrictions on the day she applied.

So if we will be out of the country "indefinately" (we are planning to be in NZ for quite a few years), the case worker will be able to transfer.

Thanks so much for finding this.

The address we gave was our address in the UK - we expected to be here until the application completed. I presume we can contact UKBA and give them the forwarding address in NZ?

[republique]

Thanks republique - that is far more clear and concise than anything I found!

We did apply under section 6.2 - my wife had not had ILR for the full 12 months, and under the spousal application she only had to be free from immigration time restrictions on the day she applied.

So if we will be out of the country "indefinately" (we are planning to be in NZ for quite a few years), the case worker will be able to transfer.

Thanks so much for finding this.

The address we gave was our address in the UK - we expected to be here until the application completed. I presume we can contact UKBA and give them the forwarding address in NZ?

It says the CCST unit and you will have to convince them to do it as my impression as they are loathe to permit ceremonies abroad.