Moving before naturalisation approval?

[jasonjason99]

Hi, everyone. These are fantastic boards and a great public service!

I'll be applying for naturalisation as a UK citizen (using NCS) in March (4 yrs WP + ILR). Getting British citizenship is very important to me. (I'm sure you all understand!)

Here's the problem: I have just received a career opportunity in the US that's too good to pass up. I doubt that I'd stay in the US for more than one year before moving back to the UK.

I know the rule is that I'm supposed to be planning to make the UK my home. My question is how much of a risk am I taking if I move to the US a week after submitting my application? A friend in London would allow me to use his address as my "home" for mailing purposes.

I'm not trying to pull a fast one, as I do consider the UK my home and will be returning here. So I don't have any moral qualms about it.

But I do have a lot of concerns that are keeping me awake at night. When the Home Office sees that I've moved house (to my friend's address), will they become suspicious? Will they make a home visit? If I explain that I've temporarily left the country (for months!) for business purposes but am planning to return, will that suffice?

I'm tempted to bite the bullet and stay until my application is approved, and I'd certainly do that if I knew I would get lucky with NCS and have approval after a month. But I can't possibly wait up to six months!

This is driving me crazy because it's so important that I get citizenship but also important that I make this business trip of a few months.

The people on this board are so smart about these issues, I'd very, very much appreciate your thoughts and suggestions.

Jason

[John]

Hi Jason, the first thing I would say, because it is not clear from your post that you realise this, is that following receipt of the "application successful" letter you have only three months maximum to attend a Citizenship Ceremony and get handed your Certificate of Naturalisation. Otherwise the offer of citizenship will lapse, unless you have a good excuse ... serious illness or the like.

So if by then you are actually in the States, shall we say on business, then you must build into your plans the need to fly back to the UK to attend your ceremony and probably also get your British passport.

Having said that, if it really is your plan to live in the UK on a long-term basis then the fact that you are working abroad for a few months, or even a year, does not detract from that long-term plan.

[JAJ]

Hi Jason, the first thing I would say, because it is not clear from your post that you realise this, is that following receipt of the "application successful" letter you have only three months maximum to attend a Citizenship Ceremony and get handed your Certificate of Naturalisation. Otherwise the offer of citizenship will lapse, unless you have a good excuse ... serious illness or the like.

So if by then you are actually in the States, shall we say on business, then you must build into your plans the need to fly back to the UK to attend your ceremony and probably also get your British passport.

Which means it's critical that the Home Office have a reliable address to contact him. Citizenship ceremonies are organised at British diplomatic posts in the U.S. but unless the future intentions requirement is clearly met, it's not a good idea for a s6(1) applicant to ask for one of these.

Annex F to the Home Office Nationality Instructions may assist:
http://www.ind.homeoffice.gov.uk/ind/en ... nex_f.html

And Jason should try to answer a number of questions including:

- who will be his employer in the U.S.? A British or American corporation? Will he be paid in the U.S or the UK?
- will he remain tax resident in the UK?
- what will his visa status be in the U.S.?
- how long is this work in the U.S. going to last for?
- what ties will he have to the UK vs the U.S. and his home country (if different)?
- what is he planning to do with his current accommodation in the UK?
and so on

All that said, the only way to be 100% sure is to wait until being sworn in as a British citizen before leaving the UK.

[jasonjason99]

Thanks, John and JAJ, for your helpful responses. I've read through the Annex F to the Home Office Nationality Instructions
http://www.ind.homeoffice.gov.uk/ind/en ... nex_f.html

If I'm reading this correctly, it seems that as long as I pass the first test -- meeting the in-country residency requirement (not being out of country for 90 days in the past year or 450 in the past five), the Home Office ticks this box and says I pass the ''intention to make the UK my home'' test. All of the conditions and considerations that follow in Annex F only apply if I've asked for a waiver of the 90 day/450 day rule. (I don't need the waiver.)

Do you read that the same way?

JAJ, the answer to most of your questions is this: I'm a US citizen, so if the Home Office sees that I've returned to my home country, they're likely going to question whether I'm going to return. I don't know how I can prove that I plan to return to the UK and make my home here. Even Annex F says it's impossible to prove intention, which is why they place so much weight on what I've done in the past.

Frankly, the more I think about it, the more nervous I get. Becoming a UK citizen is something that's incredibly important to me.

Thanks again for any insight you might have.

[JAJ]

If I'm reading this correctly, it seems that as long as I pass the first test -- meeting the in-country residency requirement (not being out of country for 90 days in the past year or 450 in the past five), the Home Office ticks this box and says I pass the ''intention to make the UK my home'' test. All of the conditions and considerations that follow in Annex F only apply if I've asked for a waiver of the 90 day/450 day rule. (I don't need the waiver.)

Do you read that the same way?

No, because later in the article (section 2.2) it suggests they make closer inquiries if *any* of the preceding six or seven criteria are not met. You really need to read Annex F in its entirety.

JAJ, the answer to most of your questions is this: I'm a US citizen, so if the Home Office sees that I've returned to my home country, they're likely going to question whether I'm going to return. I don't know how I can prove that I plan to return to the UK and make my home here. Even Annex F says it's impossible to prove intention, which is why they place so much weight on what I've done in the past.

With respect you've only answered one question, not most of them. Look at it from the Home Office's point of view - if you go back to the U.S. and don't leave behind any real ties to the UK, why should they accept your word that you intend to return?

Frankly, the more I think about it, the more nervous I get. Becoming a UK citizen is something that's incredibly important to me.

The safest approach is to get naturalised first, then spend time in the U.S. If you need more detailed advice on the future intentions requirement, you probably need a lawyer.

[jasonjason99]

Thanks for your help with this. I've decided to remain in the UK and forego the US opportunity. Better safe than sorry!

[John]

Indeed, and I have to say ... a wise decision!

[JAJ]

Hi JAJ / John,

I was exactly n the same situation. And I did take the risk - got naturalised. Got UK passport. Now I am in my ntive country - how much am I into a roblem. Is it better to return to the UK asap - I anyways intend to do that in 2-3 years.
.

If you've been naturalised and got your citizenship certificate & passport - then no problem. You can come back to the UK anytime you like.

[John]

lml, if you read the opening post in this topic you will see what was planned. Going abroad just after submitting the naturalisation application might just be pushing matters a bit too far!

But your own circumstance .... in practice no problem at all.