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Naturalisation and Maintaining an address in the UK

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

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Limboed
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Naturalisation and Maintaining an address in the UK

Post by Limboed » Fri Apr 29, 2016 1:25 pm

Dear all,

My family and I are going on a work deployment for 6 months abroad because of work. As I am on ILR and returning to the UK, and as the UK will continue being our base (my husband and son are British) and we will return here in November following the deployment, we need to maintain a UK address, especially for my future naturalisation process.

So my question is mainly relating to maintaining an address in the UK while being abroad; our original plan was to sublet a room in our house so we can afford to keep it until our return but unfortunately the landlord just replied this would not be an option and so we have to leave our present address before we move. would it count if we co-share a new house until our return in 6 months time, in which case we would move in November again into a new bigger house on our own? Can we potentially contribute to the rent of our neighbor for instance, in return for keeping a room at hers (she has a three bedroom house)for when we visit and our names on some of the bills? Would that count as maintaining an address in the UK during our absence? And would the change of address over the 6 months harm my naturalisation application?
Unfortunately, like all people who rent our options are limited so I would be grateful for any suggestions, and thank you all in advance.

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CR001
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Re: Maintaining an address in the UK

Post by CR001 » Fri Apr 29, 2016 2:01 pm

Do you or your husband not have any family whose address you can use?

There is no requirement to maintain an address for naturalisation. You would just need to list your address abroad for whatever period.
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Re: Maintaining an address in the UK

Post by Casa » Fri Apr 29, 2016 2:03 pm

No problem entering into an agreement with your neighbour, but do bear in mind that for naturalisation you must have no more than 90 days absence in the 12 month period prior to submitting your application.
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noajthan
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Re: Maintaining an address in the UK

Post by noajthan » Fri Apr 29, 2016 2:14 pm

Limboed wrote:... we need to maintain a UK address, especially for my future naturalisation process
Not clear why you think you need to do this.

Maintaining an address doesn't prove residency as clearly you won't be in it for those 6 months.
Paying bills in someone else's house to give some sort of illusion of residency is not a right thing to do.

And, if you are planning to request discretion on absences, keeping on a rented property (whether occupied or not) doesn't really demonstrate holding a 'substantial part of your estate' in UK. (It's clearly not part of your estate).

You may as well leave the house and get another when you return. Declare absences on the application form.
HO caseworker will simply weigh up and assess your case against the current rules when the time comes.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Limboed
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Re: Maintaining an address in the UK

Post by Limboed » Fri Apr 29, 2016 2:29 pm

noajthan wrote:
Limboed wrote:... we need to maintain a UK address, especially for my future naturalisation process
Not clear why you think you need to do this.

Maintaining an address doesn't prove residency as clearly you won't be in it for those 6 months.
Paying bills in someone else's house to give some sort of illusion of residency is not a right thing to do.

And, if you are planning to request discretion on absences, keeping on a rented property (whether occupied or not) doesn't really demonstrate holding a 'substantial part of your estate' in UK. (It's clearly not part of your estate).

You may as well leave the house and get another when you return. Declare absences on the application form.
HO caseworker will simply weigh up and assess your case against the current rules when the time comes.
Thanks Noajthan. I am not sure really, this is the advice that was given to us by the lawyer. I will be declaring my absences, even to the tax authorities and of course the naturalisation department because I will be requesting discretion on the basis of being on a UN deployment, so everything will be clear and transparent from my end. We will also be visiting during these coming months as the UK remains our family's base, so the link to the UK will not even be broken for us as a family. The lawyer's explanation of it was that we needed to prove we continued to establish home here. But again the reason I wanted to get your opinions here is because I have had my doubts about how thorough their research has been.

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Re: Maintaining an address in the UK

Post by noajthan » Fri Apr 29, 2016 2:51 pm

Limboed wrote:...

Thanks Noajthan. I am not sure really, this is the advice that was given to us by the lawyer. I will be declaring my absences, even to the tax authorities and of course the naturalisation department because I will be requesting discretion on the basis of being on a UN deployment, so everything will be clear and transparent from my end. We will also be visiting during these coming months as the UK remains our family's base, so the link to the UK will not even be broken for us as a family. The lawyer's explanation of it was that we needed to prove we continued to establish home here. But again the reason I wanted to get your opinions here is because I have had my doubts about how thorough their research has been.
I can't see how an empty rented house helps you. And paying bills for a rented house you are not actually living in may be edging a little close to manufacturing evidence of 'residency'.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Maintaining an address in the UK

Post by Limboed » Fri Apr 29, 2016 3:00 pm

noajthan wrote:
Limboed wrote:...

Thanks Noajthan. I am not sure really, this is the advice that was given to us by the lawyer. I will be declaring my absences, even to the tax authorities and of course the naturalisation department because I will be requesting discretion on the basis of being on a UN deployment, so everything will be clear and transparent from my end. We will also be visiting during these coming months as the UK remains our family's base, so the link to the UK will not even be broken for us as a family. The lawyer's explanation of it was that we needed to prove we continued to establish home here. But again the reason I wanted to get your opinions here is because I have had my doubts about how thorough their research has been.
I can't see how an empty rented house helps you. And paying bills for a rented house you are not actually living in may be edging a little close to manufacturing evidence of 'residency'.
Umm, definitely not a good look, especially since our intention is to be fully transparent, so don't want to shoot ourselves in the foot. Do others agree with Noajthan (thanks for your patience)?

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Casa
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Re: Maintaining an address in the UK

Post by Casa » Fri Apr 29, 2016 3:01 pm

I agree and I think the 'lawyer' must be confusing retaining a connection to the UK with requirements for returning residents. 6 months absence doesn't apply to this.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Limboed
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Re: Maintaining an address in the UK

Post by Limboed » Fri Apr 29, 2016 3:17 pm

Thank you both. yes he does exist :-), and you might have a point there because he did say that in many cases his clients had to consider how to maintain the ILR rather than acquire the nationality, so he might be using a blanket reply for my case.

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Casa
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Re: Maintaining an address in the UK

Post by Casa » Fri Apr 29, 2016 4:12 pm

ILR is only lost after 2 years absence from the UK.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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