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https://assets.publishing.service.gov.u ... retion.pdf page 30 and followingFuture intentions
If you are applying under the 5-year route (section 6(1)), you will need to confirm that,
should your naturalisation application be successful, you intend to continue living in the
UK.
If you meet the absence requirements set out above, this will usually be sufficient to
demonstrate that the UK will be your principal residence, as long as there is no information
that casts doubt on your intention, such as:
• a partner who is living, or who intends to live, outside the UK
• a recent absent absence from the UK for a period of 6 months or more
This does not necessarily mean your application will be refused but you may need to
provide additional information to support your application.
If, when you apply, you indicate you are abroad or intend to go abroad for a continuous
period of more than 6 months, please note your application will usually be unsuccessful,
unless:
• you are undertaking voluntary work such as with the Voluntary Service Overseas
(VSO)
• you are 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 you are primarily based in the UK
For more detailed information on the future intentions requirement, please refer to the
caseworker guidance.
Future intentions requirement
This section tells you about the future intentions requirement for those applying for
naturalisation under section 6(1).
The main purpose of the requirement is that those wishing to be naturalised as
British citizens should not already have decided, or intend, to break their links with
the UK. The clearest indicator of this will be past behaviour. If that suggests that the
requirement is met, and there is no reason to think this will not continue, the
applicant's statement about future intentions may be taken at face value.
A person must intend, if naturalised, to either:
• have their principal home in the UK
• enter into, or continue in either:
o Crown service under the government of the UK
o an international organisation of which the UK or HM Government is a
member
o a company or association established in the UK
Principal home in the UK
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 absences other than up to 30 days
• have an established home here
• have been, or intend to be, absent from the UK for not more than 6 months
• the absence was, or will 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:
o a partner who is or intends to live outside of the UK
o a recent absence from the UK for a period of 6 months or more
Where it is proposed to exercise discretion to waive excess absences, you must be
satisfied that the applicant has an established residence, family and a substantial
proportion of any estate here. You should normally accept that situation will continue,
and that the future intentions requirement has therefore been met, unless you have
information that, since the date of the application, the applicant or their partner no
longer has an established residence here or is planning to move abroad.
Where it is not certain that a residence has been established you must make
enquiries to see whether there is evidence of a principal residence outside this
country including whether the:
• applicant or their partner owns property abroad
• applicant's family live abroad, either in the family home or elsewhere
Where there is such evidence, or your doubts cannot be resolved satisfactorily, you
must refuse the application.
Information may also come to our attention that HMRC regard an applicant as
domiciled abroad for tax purposes. In such cases, you must request the applicant's
permission to contact the HMRC. You should then ask the HMRC to provide us with
a copy of the applicant's completed ‘Domicile Enquiry’ questionnaire, which may
throw some light on future intentions. If the applicant refuses permission, you must
refuse the application.
The fact that an applicant's spouse or partner is not applying for citizenship should
not, of itself, be taken as evidence that the requirement is not met. In such a case,
however, you should make enquiries of the applicant - whether the spouse or partner
is resident abroad or whether there is any evidence that the spouse or partner
intends to move abroad. 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
If none of these reasons apply, and the information suggests that any applicant
maintains, or intends shortly to maintain, their principal residence abroad, spends
substantial periods with their spouse or partner and children abroad, the application
should normally be refused.
Applicant intends to live outside the UK
If applicants make it clear that, while they intend to live in the UK for a period, they
have made firm plans to establish their principal home abroad at some future date
the application must be refused. You must not refuse an application solely on the
suspicion that the applicant will reside outside of the UK.
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
Where an applicant has more than one home and their principal home is outside of
the UK at the time of application you must refuse the application.
Hi ontorted_svy,contorted_svy wrote: ↑Wed Jan 03, 2024 7:02 amLet's look at the official guidance https://assets.publishing.service.gov.u ... t_2023.pdf
https://assets.publishing.service.gov.u ... retion.pdf page 30 and followingFuture intentions
If you are applying under the 5-year route (section 6(1)), you will need to confirm that,
should your naturalisation application be successful, you intend to continue living in the
UK.
If you meet the absence requirements set out above, this will usually be sufficient to
demonstrate that the UK will be your principal residence, as long as there is no information
that casts doubt on your intention, such as:
• a partner who is living, or who intends to live, outside the UK
• a recent absent absence from the UK for a period of 6 months or more
This does not necessarily mean your application will be refused but you may need to
provide additional information to support your application.
If, when you apply, you indicate you are abroad or intend to go abroad for a continuous
period of more than 6 months, please note your application will usually be unsuccessful,
unless:
• you are undertaking voluntary work such as with the Voluntary Service Overseas
(VSO)
• you are 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 you are primarily based in the UK
For more detailed information on the future intentions requirement, please refer to the
caseworker guidance.
Future intentions requirement
This section tells you about the future intentions requirement for those applying for
naturalisation under section 6(1).
The main purpose of the requirement is that those wishing to be naturalised as
British citizens should not already have decided, or intend, to break their links with
the UK. The clearest indicator of this will be past behaviour. If that suggests that the
requirement is met, and there is no reason to think this will not continue, the
applicant's statement about future intentions may be taken at face value.
A person must intend, if naturalised, to either:
• have their principal home in the UK
• enter into, or continue in either:
o Crown service under the government of the UK
o an international organisation of which the UK or HM Government is a
member
o a company or association established in the UK
Principal home in the UK
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 absences other than up to 30 days
• have an established home here
• have been, or intend to be, absent from the UK for not more than 6 months
• the absence was, or will 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:
o a partner who is or intends to live outside of the UK
o a recent absence from the UK for a period of 6 months or more
Where it is proposed to exercise discretion to waive excess absences, you must be
satisfied that the applicant has an established residence, family and a substantial
proportion of any estate here. You should normally accept that situation will continue,
and that the future intentions requirement has therefore been met, unless you have
information that, since the date of the application, the applicant or their partner no
longer has an established residence here or is planning to move abroad.
Where it is not certain that a residence has been established you must make
enquiries to see whether there is evidence of a principal residence outside this
country including whether the:
• applicant or their partner owns property abroad
• applicant's family live abroad, either in the family home or elsewhere
Where there is such evidence, or your doubts cannot be resolved satisfactorily, you
must refuse the application.
Information may also come to our attention that HMRC regard an applicant as
domiciled abroad for tax purposes. In such cases, you must request the applicant's
permission to contact the HMRC. You should then ask the HMRC to provide us with
a copy of the applicant's completed ‘Domicile Enquiry’ questionnaire, which may
throw some light on future intentions. If the applicant refuses permission, you must
refuse the application.
The fact that an applicant's spouse or partner is not applying for citizenship should
not, of itself, be taken as evidence that the requirement is not met. In such a case,
however, you should make enquiries of the applicant - whether the spouse or partner
is resident abroad or whether there is any evidence that the spouse or partner
intends to move abroad. 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
If none of these reasons apply, and the information suggests that any applicant
maintains, or intends shortly to maintain, their principal residence abroad, spends
substantial periods with their spouse or partner and children abroad, the application
should normally be refused.
Applicant intends to live outside the UK
If applicants make it clear that, while they intend to live in the UK for a period, they
have made firm plans to establish their principal home abroad at some future date
the application must be refused. You must not refuse an application solely on the
suspicion that the applicant will reside outside of the UK.
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
Where an applicant has more than one home and their principal home is outside of
the UK at the time of application you must refuse the application.
Read the parts I highlighted - you having taken a job abroad may be taken as an indication you are breaking links with the UK. part of the expression of the "future intentions" requirement if for you to become part of a UK based company. They base the likelihood of you going away on your past pattern of absences but the fact you'd already have strted a job abroad may complicate things.
Hi alterhase58,alterhase58 wrote: ↑Wed Jan 03, 2024 7:11 amThe sources provided basically all state the rules in place. It's not a very common scenario and we don't always see feedback from members what happened to their applications in the end. It comes down to presenting your case concisely, you may wish to consult an advisor.
If I understand correctly, this means that you will be relocating to KSA alone and your spouse and child will stay in the UK?