future intentions requirement

[codem2013]

One of the requirement to qualify for citizenship is the future intentions condition:
"intends to have their main home in the UK or enter into or continue in any of the following:
- Crown service under the government of the UK
- service under an international organisation of which the UK or the UK government is a member
- service in the employment of a company or association established in the UK"

Also based on the guide
"Applicants who are in Crown or other qualifying service or employment abroad at the time of application, and who clearly intend to continue in that service or employment for at least 5 years from the date the application is substantively considered, should be regarded as meeting the future intentions requirement."

I have received my ILR on January 2017 and would like to apply for citizenship on January 2018. But my employer is sending me abroad on expatriation for 3 years starting from November 2017. I should meet the residential requirement as I would have spent less than 90 days outside the UK during the last 12 months prior to the application
My expatriation is only 3 years. Basically you sign a term fixed contract of 3 years and the UK employer write letter confirming that they will take you back at the end of the expatriation.

Does being on expatriation with an international company, which has an affiliate in the UK, count as a service in the employment of a company established in the UK as stated by the Home Office in their guide?
If so will I need to come back to UK in January and apply using the NCS or can I apply from abroad? What documents do I need to provide in this case?

Can you please tell me If anybody has done anything similar or you have any suggestions?

Your help in this matter is very much appreciated.

Thanks

[ariskar]

One of the requirement to qualify for citizenship is the future intentions condition:
"intends to have their main home in the UK or enter into or continue in any of the following:
- Crown service under the government of the UK
- service under an international organisation of which the UK or the UK government is a member
- service in the employment of a company or association established in the UK"

Also based on the guide
"Applicants who are in Crown or other qualifying service or employment abroad at the time of application, and who clearly intend to continue in that service or employment for at least 5 years from the date the application is substantively considered, should be regarded as meeting the future intentions requirement."

I have received my ILR on January 2017 and would like to apply for citizenship on January 2018. But my employer is sending me abroad on expatriation for 3 years starting from November 2017. I should meet the residential requirement as I would have spent less than 90 days outside the UK during the last 12 months prior to the application
My expatriation is only 3 years. Basically you sign a term fixed contract of 3 years and the UK employer write letter confirming that they will take you back at the end of the expatriation.

Does being on expatriation with an international company, which has an affiliate in the UK, count as a service in the employment of a company established in the UK as stated by the Home Office in their guide?
If so will I need to come back to UK in January and apply using the NCS or can I apply from abroad? What documents do I need to provide in this case?

Can you please tell me If anybody has done anything similar or you have any suggestions?

Your help in this matter is very much appreciated.

Thanks

You must intend to live in the UK (permanently or long term) at the moment of your application. After your naturalisation you have the full right to move to other countries for short term or indefinitely. Change of intent to stay in the UK after becoming a BC does not constitute a ground for nullifying or depriving oneself of BC.

[CR001]

or can I apply from abroad?

You cannot apply from abroad.

[codem2013]

thank you for your replies.

they do provide an address where to send your documents from abroad
https://www.gov.uk/becoming-a-british-c ... pplication
Also, what if we are abroad in one of the services mentioned in the guide!?

Can you please tell me if 3 years expatriation counts as " service in the employment of a company or association established in the UK " ?

[ariskar]

thank you for your replies.

they do provide an address where to send your documents from abroad
https://www.gov.uk/becoming-a-british-c ... pplication
Also, what if we are abroad in one of the services mentioned in the guide!?

Can you please tell me if 3 years expatriation counts as " service in the employment of a company or association established in the UK " ?

Only Crown (civil/public) service abroad would count.

[CR001]

thank you for your replies.

they do provide an address where to send your documents from abroad
https://www.gov.uk/becoming-a-british-c ... pplication
Also, what if we are abroad in one of the services mentioned in the guide!?

Can you please tell me if 3 years expatriation counts as " service in the employment of a company or association established in the UK " ?

There are MANY routes to citizenship, form UKF and UKM registrations are often submitted overseas.

Form AN must be submitted within the UK.

[codem2013]

I missed up all the dates in my first post...to avoid any misunderstanding see corrected post below

I have received my Indefinite Leave to Remain on January 2018 and I would like to apply for citizenship on January 2019. But my employer is sending me abroad on expatriation for 3 years starting from November 2018. I should meet the residential requirement on January 2019 as I would have spent less than 90 days outside the UK during the last 12 months prior to citizenship the application.

Do you think I will meet the future intentions requirement on January 2019 on the basis of being employed abroad by a company established in the UK for which I have to go back to work for after the end of my expatriation?

Can you please tell me If anybody has done anything similar or you have any suggestions?

Thanks

[codem2013]

There are MANY routes to citizenship, form UKF and UKM registrations are often submitted overseas.

Form AN must be submitted within the UK.

Where did you get this from? is there any official guide stating this?

[CR001]

There are MANY routes to citizenship, form UKF and UKM registrations are often submitted overseas.

Form AN must be submitted within the UK.

Where did you get this from? is there any official guide stating this?

It used to be stated in the form or guide but cannot find it now but it does clearly state 'intend to live in the UK'. There have been refusals due to applicants moving abroad for work and stating they were doing so.

Does being on expatriation with an international company, which has an affiliate in the UK, count as a service in the employment of a company established in the UK as stated by the Home Office in their guide?

Not sure what exactly you mean by 'affiliate'? What is your full immigration history/visa route?? Which country are you being sent to??

See link below about domicile and naturalisation.

https://www.gov.uk/government/uploads/s ... e-v1.0.pdf

Some additional information.

https://www.gov.uk/government/publicati ... y-guidance

https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

[codem2013]

Does being on expatriation with an international company, which has an affiliate in the UK, count as a service in the employment of a company established in the UK as stated by the Home Office in their guide?

Not sure what exactly you mean by 'affiliate'? What is your full immigration history/visa route?? Which country are you being sent to??

See link below about domicile and naturalisation.

https://www.gov.uk/government/uploads/s ... e-v1.0.pdf

Some additional information.

https://www.gov.uk/government/publicati ... y-guidance

https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

thanks for the links. I will check these out.

about my immigration history, I was tier 2 migrant for 5 years and then applied for ILR last January 2018.

I work for a company which is established in UK (= has an affiliate in UK) but its headquarter is in France. I may be sent to US or France (not sure yet).

[CR001]

I work for a company which is established in UK (= has an affiliate in UK) but its headquarter is in France. I may be sent to US or France (not sure yet).

Still not sure about this. For example, PWC is an established UK company, with PWC established offices around the world. They are not 'affiliates'.

https://www.thebalance.com/affiliates-a ... ess-398119

All based on my understanding.

[CR001]

About a year ago, a member posted that his application was refused due to not meeting the future intentions aspect having taken up a job in the middle east and making this clear to HO. This requirement is taken quite seriously.

[codem2013]

About a year ago, a member posted that his application was refused due to not meeting the future intentions aspect having taken up a job in the middle east and making this clear to HO. This requirement is taken quite seriously.

I wanted to play by the rules...specially that they have these exceptions for people working abroad that I still don't understand!
Are you saying that I should leave in November and come back in January to make the application via NCS and wait for the confirmation letter?

[zapzap]

why don't you delay your new job transfer until you get the citizenship first?

Let's say you apply in Jan 2019... wait 3 months, do the ceremony and get the citizenship (maybe around April? May?) then you are free to work wherever you want

If you decide to leave in Nov 2018 then you need to check how long you can work outside the UK without loosing your ILR and then come back and apply in a later stage... maybe 2020??? It's up to you

[codem2013]

why don't you delay your new job transfer until you get the citizenship first?

I am already delaying the job transfer from July to November to meet the residential requirement...unfortunately I can't delay anymore.

[zapzap]

why don't you delay your new job transfer until you get the citizenship first?

I am already delaying the job transfer from July to November to meet the residential requirement...unfortunately I can't delay anymore.

Then you have two options:

1. Take the job...and apply for citizenship in Jan 2019 with the possibility of loosing the £1300 approx for the application for failure to comply with the future intentions requirement. If this happens, you can quit your job and come back to the UK to comply with the requirements again and submit a new fresh application

2. Take your job offer outside the UK for 3 years with the chance of loosing your ILR as a result of being away for more than 2 years, such as working abroad...

Your choice

[dilip_gem]

Worst case they may even cancel your ILR if you travel abroad for work.

There have been cases where people were naturalised and travelled abroad for work & their first passport applications were rejected.

please go through this thread: british-citizenship/hmpo-questions-natu ... 42302.html

[codem2013]

I have booked a consultation with a solicitor tomorrow...I will see what he has to say about these exceptions related to the future intentions requirement

[Backer]

Interesting to see what your solicitor will say but you will probably not get a guaranteed outcome. You risk loosing your naturalization and ILR by leavng the country for this assignment at this timing.You have a lot to loose. ..

[codem2013]

Interesting to see what your solicitor will say but you will probably not get a guaranteed outcome. You risk loosing your naturalization and ILR by leavng the country for this assignment at this timing.You have a lot to loose. ..

He proposed to apply before leaving the UK in November using discretion.

[vinny]

What discretion will he be relying on?

[CR001]

Interesting to see what your solicitor will say but you will probably not get a guaranteed outcome. You risk loosing your naturalization and ILR by leavng the country for this assignment at this timing.You have a lot to loose. ..

He proposed to apply before leaving the UK in November using discretion.

So 3 months before you actually qualify.

Discretion is just that, discretion and HO don't have to exercise it and very often do not, especially if you don't meet the requirements of 12 months 'free from immigration time restrictions. You would be asking them to exercise discretion because you are leaving the UK for 3 years to work abroad = future intentions failure.

[twgal]

He proposed to apply before leaving the UK in November using discretion.

And pay him a hefty fee to "help" you with your application even though you clearly wouldn't qualify in November?

I'd get a 2nd solicitor opinion if I were in your shoes. (or even better, postpone the move).

[secret.simon]

What discretion will he be relying on?

He proposed to apply before leaving the UK in November using discretion.

What the solicitor likely had in mind is that you fill in the form in November, but that s/he will submit it on your behalf in January, after you become eligible. But if it came to light that you were abroad at the time of submission, the caseworker would likely decline your application.

(Page 29)
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.

Discretion is not unlimited/unfettered (which would render the law and rules meaningless and arbitrary) but defined in narrow terms.

By working abroad for 3 years, you may also lose your ILR. Short visits to the UK will not maintain ILR, which requires residence in the UK, not mere presence.

I would suggest placing your plans for working abroad on hold until you get a British passport in hand. As Dilip_Gem has pointed out above, HMPO have refused to issue British passports to people who did undergo the citizenship ceremony but who immediately left the UK, on grounds of failing (or lying about) future intentions.

[codem2013]

What discretion will he be relying on?

It will be based on the nature of my job...my employer will have to write a support letter explaining the work circumstances...
Plus I will still be attached to my uk employer and will have to come back after my 3 years assignment