Citizenship after Sponsoring Spouse to Move Abroad - HELP!

[CR001]

So surely I can put that I intend to live in Canada, and I should still be approved right?

Possibly but could still result in a refusal.

[CourtneyRad]

So surely I can put that I intend to live in Canada, and I should still be approved right?

Possibly but could still result in a refusal.

Okay I'm super confused now!! If intending to live in the UK is not a requirement, why would it would be grounds for refusal?

Please don't think I'm pushing back, I appreciate all of your guys' help with this and your opinions. I obviously just want to make the right choices and not throw the application fees down the drain thank you!

[CourtneyRad]

So surely I can put that I intend to live in Canada, and I should still be approved right?

Possibly but could still result in a refusal.

Do you know of any threads in the forum of people who were refused due to saying they would live outside the UK? I've searched and searched but can't find any, perhaps I'm looking with the wrong keywords

[CR001]

There were two that come to mind immediately. One the guy stated he would be moving to UAE and the other more recent one the person stated they will be living and working in NZ for the next 3 years.

[CourtneyRad]

There were two that come to mind immediately. One the guy stated he would be moving to UAE and the other more recent one the person stated they will be living and working in NZ for the next 3 years.

Oh no I'm guessing they were in the refused applications thread? I'll have to have a hunt through there and see what circumstances they were in. Obviously I don't want to risk refusal!! I think I saw the guy you mentioned moving to NZ but I don't recall that he was a spouse of a UK citizen. I'll have another look!!

[vinny]

Refusal where future intentions are not met

Whenever you tell applicants you are not satisfied that they intend to make their home or principal home in the UK if naturalised, you must take care to ensure that the wording of the refusal letter reflects the requirements of paragraph 1(1)(d)(i) of Schedule 1 to the British Nationality Act 1981 for example ‘The Secretary of State is not satisfied your intentions are such that, in event of a certificate of naturalisation as a British citizen being granted to you, your home or principal home would be in the United Kingdom’.

It may be difficult for them to invoke paragraph 1(1)(d)(i) of Schedule 1 to the British Nationality Act 1981 to applications under Section 6(2).

[vinny]

It was clearer in their previous guidance.

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 away for a few months, we should consider offering an extension to allow them to attend the ceremony in the UK when they return.

But it's not specified in the current guidance.

[CourtneyRad]

It was clearer in their previous guidance.

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 away for a few months, we should consider offering an extension to allow them to attend the ceremony in the UK when they return.

But it's not specified in the current guidance.

Okay that's interesting. It still does not state that not being in the UK would be grounds for refusal, just that the they would rather the ceremony be attended in the UK if they are due to come back. If I state I'm not due to come back at any set date at the moment, then sticking with the requirements to the BN Act, it shouldn't be a problem.

Can people apply solely from abroad? I saw on the website it said 'If you are applying from abroad' but obviously that could pertain to people under crown service, military, etc.

I've done SO much searching for people's stories or experiences applying as a spouse (intending to live elsewhere) but I can find surprisingly little.

[CourtneyRad]

Refusal where future intentions are not met

Whenever you tell applicants you are not satisfied that they intend to make their home or principal home in the UK if naturalised, you must take care to ensure that the wording of the refusal letter reflects the requirements of paragraph 1(1)(d)(i) of Schedule 1 to the British Nationality Act 1981 for example ‘The Secretary of State is not satisfied your intentions are such that, in event of a certificate of naturalisation as a British citizen being granted to you, your home or principal home would be in the United Kingdom’.

It may be difficult for them to invoke paragraph 1(1)(d)(i) of Schedule 1 to the British Nationality Act 1981 to applications under Section 6(2).

I saw this in the guidance also and I find it unclear as they don't specify whether this is only relevant to applications under 6(1) or not.

However as you said, on the legislative website surely if this was at all a requirement for spouses, it would list it as so. Otherwise what would be the point in having two separate lists of requirements if requirements from 6(1) still applied to 6(2)?

[vinny]

See also Naturalising as a British citizen: the intention to settle requirement.

[CourtneyRad]

See also Naturalising as a British citizen: the intention to settle requirement.

Thanks Vinny! I've come across this previously as well during my research and have just had another look and it's clear as day:

Essentially, applicants are expected to make Britain their home if they are granted citizenship. An exception is made for applicants who are married to or in a civil partnership with a British citizen. They apply under section 6(2) of the British Nationality Act 1981, and the requirements for section 6(2) applications — set out in Schedule 1, paragraph 3 of the Act — do not include an intention to settle.

Now.... I may need to start a new thread for the question, and I'm still trying to read through all the threads already existing on the matter, but can I send my application via online in the UK in April, then go to Canada in May and request that my ceremony be held at the consulate? This seems highly debatable...

Alternatively, can you actually send a hard copy application form abroad?