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FOI: Citizenship application abroad (spouse of British cit)

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

FOI: Citizenship application abroad (spouse of British cit)

Post by Directive/2004/38/EC » Tue May 07, 2013 10:37 pm

https://www.whatdotheyknow.com/request/ ... idence_aft is a FOI request to UKBA for information about citizenship applications where the applicant's spouse is British and they are either presently not in the UK (but do meet the residence requirements) or do not intend to stay in the UK.

Note that this of relevance only to very few people, and it is probably easier to do applications completely in the UK.

But if you are about to naturalize and you and your British(!) spouse also needs to move somewhere outside the UK (for a job for example), then this is relevant.

Absence rules do not require you to be in the UK when the application is submitted:
Consideration of whether the requirements for citizenship, as laid down in Schedule 1 of
the 1981 Act, are met is determined in line with that relevant 3 year period. For example,
applicants should:
a. be in the UK at the beginning of the period of 3 years ending with the date of the
application; and
b. not to be absent from the UK for more than 270 days in that 3 year period; and
c. not to be absent from the UK for more than 90 days in the period of 12 months
ending with the date of the application; and
d. not, on the date of the application, be subject under the immigration laws to any
restriction on the period of stay in the UK; and
e. not, at any time in the period of 3 years ending with the date of the application, be in
the UK in breach of the immigration laws.
Appropriate receiving authority for applications for citizenship that are submitted from overseas:
Applications for citizenship that are submitted from overseas should be sent to the
appropriate receiving authority as specified in the British Nationality (General)
(Amendment) Regulations 2012. In accordance with these regulations, applications should
be sent to:
i. the Home Secretary if, on the date of receipt, the applicant is in Great Britain or
Northern Ireland;
ii. the Lieutenant-Governor if, on the date of receipt, the applicant is in any of the
Islands (i.e. the Channel Islands or the Isle of Man);
iii. the appropriate Governor if, on the date of receipt, the applicant is in a British
overseas territory;
iv. if the applicant is in Hong Kong, the "receiving authority" is any consular officer,
established officer in the Diplomatic Service or any person authorised to accept
nationality applications;
v. if the applicant is elsewhere, including in a Commonwealth country, to the Secretary
of State at the Home Office.
Applications that are sent to the wrong receiving authority will be deemed invalid.
There is also a section on who can do citizenship ceremonies outside of the UK.

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Wed May 08, 2013 12:14 am

No need for a FOI. Could have found similar question in the forum - Attending Ceremony from abroad and the links there.

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