Future intentions requirement - Naturalization

[ddkuk]

I found this document related to naturalization requirements:
https://www.gov.uk/government/uploads/s ... n-v1.0.pdf

I am confused about the success of my naturalization application wrt to the future intentions requirement (page 28).I am from India and I got my ILR through Tier 1. I am about to apply for naturalization. My spouse started living in US due to my spouse's job (intra company transfer and deemed temporary due to US visa restrictions) from almost an year and I am living in UK occasionally visiting. We have a house in UK which currently has been rented out (which is the only house we have anywhere in the world). My spouse is on UK visa as Tier 1 dependent and doesn't have an ILR due to 5 year rule.

I will meet all the requirements for my naturalization except the future intentions part according to the above document. Just wondering how can I prove that I intend to settle in the UK. Could you please help me with your views. I understand this is discretion and the fact that I cannot challenge the decision of naturalization scares me (since it not a right).

[CR001]

Why would your wife working in the US affect your citizenship application if you are living in the UK? You as an individual are required to meet the citizenship requirements.

[ddkuk]

Thank you for the response.

Here is the list of things that will be checked (Page 28 in the document). The last point is my problem:
"a partner who is or intends to live outside of the UK"

1. meet the residence requirements, without the need to exercise any discretion over excess absences other than up to 30 day have an established home here.
2. have been, or intend to be, absent from the UK for not more than 6 months
3. the absence was, or will be, clearly temporary
4. if it is an intended absence, we are satisfied they intend to return to the UK
5. they have maintained an established home here where any close family who have not accompanied them abroad have continued to live
6. 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

[CR001]

Are you applying based on your spouse being British?? No you are not.

[ddkuk]

No. I am not. Its based on my Tier 1 visa/ILR. I am looking in the context as given below in the document. They did not clearly indicate if this discretion is related to what type of naturalization application. Its just mention how the decision is made about the applicant's future intention.

The main purpose of the requirement is that those wishing to be naturalized 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 behavior.

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:

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"

[CR001]

You are overthinking. You are NOT living in the US and only 'visiting' the UK. YOU alone need to meet the requirments for citizenship. Your spouse doesn't even have ILR yet.

You can add additional information IF you wish to in the relevant part of the form.

[ddkuk]

Thank you for the clarification. Will add a note in the application.

I hope I am overthinking and its not an issue !!

[JAJ]

Form AN does ask for spouse/partner's address. But where is spouse actually "living"? Even if spending time temporarily in the United States- has that person maintained a United Kingdom address and/or valid U.K. immigration permit? GB/NI driving licence held? Filing U.K. income tax returns? (as a resident, if required under the tax laws). And so on.

[ddkuk]

Thank you for sharing your thoughts.

Since my spouse had a plan to spend sometime in US, we rented our house (which we own) and I am currently living in a house share (to which I had to transfer all my accounts and same with my spouse). She has a driving license with the old address and filing self assessment for previous year with US address (UK income + rental income). Moreover, for tax purposes, she is US resident for this year since she has been in US for more than 6 months.