ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

British nationality application - Intentions to stay in the condition

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Post Reply
wmlmkpnw
Newly Registered
Posts: 5
Joined: Tue Jan 02, 2024 9:59 pm
United Kingdom

British nationality application - Intentions to stay in the condition

Post by wmlmkpnw » Tue Jan 02, 2024 10:05 pm

Hello Everyone,

I have a couple of concerns regarding the requirements for a British nationality application. I assume someone else may have had similar circumstances and could provide clarification or guide me to a professional with the right experience in handling similar cases.

Let me explain my situation briefly,

My partner and I obtained ILR status on August 8th, 2023. Our little one, born in the UK while we were on a Skilled visa, obtained British Nationality on November 27th, 2023.

We have been living and working in a rented house since we arrived in the UK on September 25th, 2018.

I received a job offer in Saudi Arabia starting April 20th, 2024 (Move to KSA for three years). However, I am aware of the 90-day absence rule for the past 12 months. To comply with the rule, I have agreed with my new employer to take two trips back to the UK in June and July 2024 to keep the absences under 90 days.

Basically,

Leaving the UK on April 15th 2024, and returning on June 12th 2024 - 53 days
Leaving the UK on June 23rd 2024, and returning on July 24th 2024 - 31 Days
After that, I will not leave the UK till I make my and my partner's nationality application on August 10th 2024

So, the number of absent days will be 84 Days, which is under the limit.

I was comfortable with the plan until a couple of days ago when I read an article online discussing the intention to stay requirement for staying in the UK. The article brought me down because it stated that even if I am within 90 days, the caseworker will still validate the intentions to stay in the condition.

My partner and son will continue living in the UK while I am away for a 3-year. Also, I will continue to send my salary to my UK bank account and pay relevant taxes.

Would this be a problem that could result in my application being rejected?

If you can share your view/experience on this case, a referral to an experienced immigration consultant would be great.

Apologies for the long explanation,

Thank you.

User avatar
alterhase58
Moderator
Posts: 7765
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: British nationality application - Intentions to stay in the condition

Post by alterhase58 » Tue Jan 02, 2024 10:25 pm

Can you please provide the source of the article?
Many posters quote or refer to arcticles, guidance, discussions, etc without providing the source/context which doesn't help when trying to comment.
Note that the "future intentions" requirement is separate from the "absences requirement".
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

wmlmkpnw
Newly Registered
Posts: 5
Joined: Tue Jan 02, 2024 9:59 pm
United Kingdom

Re: British nationality application - Intentions to stay in the condition

Post by wmlmkpnw » Tue Jan 02, 2024 10:31 pm

Hi alterhase58,

Thank you very much for the reply. I have referred to the below articles.

https://freemovement.org.uk/naturalisin ... ive-in-uk/

british-citizenship/british-citizenship ... 27149.html

Solicitor weblink removed by moderator

I am not a matter expert, and I apologise if I misdescribed this. I just wanted to know if my situation will have an impact on the decision of my application.

Many Thanks.

User avatar
contorted_svy
Respected Guru
Posts: 1982
Joined: Fri Aug 05, 2022 6:10 pm
Italy

Re: British nationality application - Intentions to stay in the condition

Post by contorted_svy » Wed Jan 03, 2024 6:49 am

if you declare you are employed abroad that may raise questions on your future intentions to live in the UK. Have you considered speaking to a solicitor, or would it be possible to defer the start date of the job to after your application has been accepted?
All advice comes from personal research and experience and should not be regarded as professional opinion.

User avatar
contorted_svy
Respected Guru
Posts: 1982
Joined: Fri Aug 05, 2022 6:10 pm
Italy

Re: British nationality application - Intentions to stay in the condition

Post by contorted_svy » Wed Jan 03, 2024 7:02 am

Let's look at the official guidance https://assets.publishing.service.gov.u ... t_2023.pdf
Future intentions
If you are applying under the 5-year route (section 6(1)), you will need to confirm that,
should your naturalisation application be successful, you intend to continue living in the
UK.
If you meet the absence requirements set out above, this will usually be sufficient to
demonstrate that the UK will be your principal residence, as long as there is no information
that casts doubt on your intention, such as:
• a partner who is living, or who intends to live, outside the UK
• a recent absent absence from the UK for a period of 6 months or more
This does not necessarily mean your application will be refused but you may need to
provide additional information to support your application.
If, when you apply, you indicate you are abroad or intend to go abroad for a continuous
period of more than 6 months, please note your application will usually be unsuccessful
,
unless:
• you are undertaking voluntary work such as with the Voluntary Service Overseas
(VSO)
• you are 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 you are primarily based in the UK
For more detailed information on the future intentions requirement, please refer to the
caseworker guidance.
https://assets.publishing.service.gov.u ... retion.pdf page 30 and following


Future intentions requirement
This section tells you about the future intentions requirement for those applying for
naturalisation under section 6(1).
The main purpose of the requirement is that those wishing to be naturalised 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 behaviour. If that suggests that the
requirement is met, and there is no reason to think this will not continue, the
applicant's statement about future intentions may be taken at face value.

A person must intend, if naturalised, to either:
• have their principal home in the UK
• enter into, or continue in either:
o Crown service under the government of the UK
o an international organisation of which the UK or HM Government is a
member
o a company or association established in the UK
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:
• meet the residence requirements, without the need to exercise any discretion
over excess absences other than up to 30 days
• have an established home here
• have been, or intend to be, absent from the UK for not more than 6 months
• the absence was, or will be, clearly temporary

• if it is an intended absence, we are satisfied they intend to return to the UK
• they have maintained an established home here where any close family who
have not accompanied them abroad have continued to live
• there is no information to cast doubt on their intention, for example, either:
o a partner who is or intends to live outside of the UK
o a recent absence from the UK for a period of 6 months or more
Where it is proposed to exercise discretion to waive excess absences, you must be
satisfied that the applicant has an established residence, family and a substantial
proportion of any estate here. You should normally accept that situation will continue,
and that the future intentions requirement has therefore been met, unless you have
information that, since the date of the application, the applicant or their partner no
longer has an established residence here or is planning to move abroad.
Where it is not certain that a residence has been established you must make
enquiries to see whether there is evidence of a principal residence outside this
country including whether the:
• applicant or their partner owns property abroad
• applicant's family live abroad, either in the family home or elsewhere
Where there is such evidence, or your doubts cannot be resolved satisfactorily, you
must refuse the application.
Information may also come to our attention that HMRC regard an applicant as
domiciled abroad for tax purposes. In such cases, you must request the applicant's
permission to contact the HMRC. You should then ask the HMRC to provide us with
a copy of the applicant's completed ‘Domicile Enquiry’ questionnaire, which may
throw some light on future intentions. If the applicant refuses permission, you must
refuse the application.
The fact that an applicant's spouse or partner is not applying for citizenship should
not, of itself, be taken as evidence that the requirement is not met. In such a case,
however, you should make enquiries of the applicant - whether the spouse or partner
is resident abroad or whether there is any evidence that the spouse or partner
intends to move abroad. The fact that a spouse or partner is living, or will shortly be
living, abroad should not normally be taken as evidence that the requirement is not
met if any of the following apply:
• the couple are separated
• the spouse or partner has applied for, and is awaiting, an entry clearance
• you are otherwise satisfied that the spouse or partner intends to join the
applicant here
• it is clear the couple are content to live apart for the foreseeable future
If none of these reasons apply, and the information suggests that any applicant
maintains, or intends shortly to maintain, their principal residence abroad, spends
substantial periods with their spouse or partner and children abroad, the application
should normally be refused.
Applicant intends to live outside the UK
If applicants make it clear that, while they intend to live in the UK for a period, they
have made firm plans to establish their principal home abroad at some future date
the application must be refused. You must not refuse an application solely on the
suspicion that the applicant will reside outside of the UK.
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.

Read the parts I highlighted - you having taken a job abroad may be taken as an indication you are breaking links with the UK. part of the expression of the "future intentions" requirement if for you to become part of a UK based company. They base the likelihood of you going away on your past pattern of absences but the fact you'd already have strted a job abroad may complicate things.
All advice comes from personal research and experience and should not be regarded as professional opinion.

User avatar
alterhase58
Moderator
Posts: 7765
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: British nationality application - Intentions to stay in the condition

Post by alterhase58 » Wed Jan 03, 2024 7:11 am

The sources provided basically all state the rules in place. It's not a very common scenario and we don't always see feedback from members what happened to their applications in the end. It comes down to presenting your case concisely, you may wish to consult an advisor.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

wmlmkpnw
Newly Registered
Posts: 5
Joined: Tue Jan 02, 2024 9:59 pm
United Kingdom

Re: British nationality application - Intentions to stay in the condition

Post by wmlmkpnw » Wed Jan 03, 2024 10:02 am

contorted_svy wrote:
Wed Jan 03, 2024 7:02 am
Let's look at the official guidance https://assets.publishing.service.gov.u ... t_2023.pdf
Future intentions
If you are applying under the 5-year route (section 6(1)), you will need to confirm that,
should your naturalisation application be successful, you intend to continue living in the
UK.
If you meet the absence requirements set out above, this will usually be sufficient to
demonstrate that the UK will be your principal residence, as long as there is no information
that casts doubt on your intention, such as:
• a partner who is living, or who intends to live, outside the UK
• a recent absent absence from the UK for a period of 6 months or more
This does not necessarily mean your application will be refused but you may need to
provide additional information to support your application.
If, when you apply, you indicate you are abroad or intend to go abroad for a continuous
period of more than 6 months, please note your application will usually be unsuccessful
,
unless:
• you are undertaking voluntary work such as with the Voluntary Service Overseas
(VSO)
• you are 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 you are primarily based in the UK
For more detailed information on the future intentions requirement, please refer to the
caseworker guidance.
https://assets.publishing.service.gov.u ... retion.pdf page 30 and following


Future intentions requirement
This section tells you about the future intentions requirement for those applying for
naturalisation under section 6(1).
The main purpose of the requirement is that those wishing to be naturalised 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 behaviour. If that suggests that the
requirement is met, and there is no reason to think this will not continue, the
applicant's statement about future intentions may be taken at face value.

A person must intend, if naturalised, to either:
• have their principal home in the UK
• enter into, or continue in either:
o Crown service under the government of the UK
o an international organisation of which the UK or HM Government is a
member
o a company or association established in the UK
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:
• meet the residence requirements, without the need to exercise any discretion
over excess absences other than up to 30 days
• have an established home here
• have been, or intend to be, absent from the UK for not more than 6 months
• the absence was, or will be, clearly temporary

• if it is an intended absence, we are satisfied they intend to return to the UK
• they have maintained an established home here where any close family who
have not accompanied them abroad have continued to live
• there is no information to cast doubt on their intention, for example, either:
o a partner who is or intends to live outside of the UK
o a recent absence from the UK for a period of 6 months or more
Where it is proposed to exercise discretion to waive excess absences, you must be
satisfied that the applicant has an established residence, family and a substantial
proportion of any estate here. You should normally accept that situation will continue,
and that the future intentions requirement has therefore been met, unless you have
information that, since the date of the application, the applicant or their partner no
longer has an established residence here or is planning to move abroad.
Where it is not certain that a residence has been established you must make
enquiries to see whether there is evidence of a principal residence outside this
country including whether the:
• applicant or their partner owns property abroad
• applicant's family live abroad, either in the family home or elsewhere
Where there is such evidence, or your doubts cannot be resolved satisfactorily, you
must refuse the application.
Information may also come to our attention that HMRC regard an applicant as
domiciled abroad for tax purposes. In such cases, you must request the applicant's
permission to contact the HMRC. You should then ask the HMRC to provide us with
a copy of the applicant's completed ‘Domicile Enquiry’ questionnaire, which may
throw some light on future intentions. If the applicant refuses permission, you must
refuse the application.
The fact that an applicant's spouse or partner is not applying for citizenship should
not, of itself, be taken as evidence that the requirement is not met. In such a case,
however, you should make enquiries of the applicant - whether the spouse or partner
is resident abroad or whether there is any evidence that the spouse or partner
intends to move abroad. The fact that a spouse or partner is living, or will shortly be
living, abroad should not normally be taken as evidence that the requirement is not
met if any of the following apply:
• the couple are separated
• the spouse or partner has applied for, and is awaiting, an entry clearance
• you are otherwise satisfied that the spouse or partner intends to join the
applicant here
• it is clear the couple are content to live apart for the foreseeable future
If none of these reasons apply, and the information suggests that any applicant
maintains, or intends shortly to maintain, their principal residence abroad, spends
substantial periods with their spouse or partner and children abroad, the application
should normally be refused.
Applicant intends to live outside the UK
If applicants make it clear that, while they intend to live in the UK for a period, they
have made firm plans to establish their principal home abroad at some future date
the application must be refused. You must not refuse an application solely on the
suspicion that the applicant will reside outside of the UK.
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.

Read the parts I highlighted - you having taken a job abroad may be taken as an indication you are breaking links with the UK. part of the expression of the "future intentions" requirement if for you to become part of a UK based company. They base the likelihood of you going away on your past pattern of absences but the fact you'd already have strted a job abroad may complicate things.
Hi ontorted_svy,

Thank you very much for the information you shared. I will certainly look for a solicitor to go through my scenario. I will keep the outcome here for other members to know. Thanks Again!

wmlmkpnw
Newly Registered
Posts: 5
Joined: Tue Jan 02, 2024 9:59 pm
United Kingdom

Re: British nationality application - Intentions to stay in the condition

Post by wmlmkpnw » Wed Jan 03, 2024 10:04 am

alterhase58 wrote:
Wed Jan 03, 2024 7:11 am
The sources provided basically all state the rules in place. It's not a very common scenario and we don't always see feedback from members what happened to their applications in the end. It comes down to presenting your case concisely, you may wish to consult an advisor.
Hi alterhase58,

Thank you very much for the valuable advice and I will certainly go for an immigration solicitor and run through my case. I will keep you all updated here. Thank you Again!

wmlmkpnw
Newly Registered
Posts: 5
Joined: Tue Jan 02, 2024 9:59 pm
United Kingdom

Re: British nationality application - Intentions to stay in the condition

Post by wmlmkpnw » Thu Jan 18, 2024 12:49 pm

Hello Everyone,

As mentioned in my previous post, I consulted a well-reputed immigration solicitor/company in London and reviewed my case with him. Below are the key points he considered as inputs for my case.
    He has spoken to the employer in Saudi Arabia, where they will allow a reduced term of absence of 80 days between April 2024 and August 2024.
      The Client plans to apply for British nationality in August 2024.
        The Client does have concerns about showing the intention of residence.

        Based on the above, plus my whole story, he advised that I will be able to continue with the application for British nationality in August 2024. As part of showing the intention of residence, this will be to provide evidence of your home and family in the UK.

        So, I will be using their service to submit my application just to make sure I will not miss any important information to the home office.

        I hope this helps anyone who's expecting a similar situation.

        Thank you everyone!

        User avatar
        contorted_svy
        Respected Guru
        Posts: 1982
        Joined: Fri Aug 05, 2022 6:10 pm
        Italy

        Re: British nationality application - Intentions to stay in the condition

        Post by contorted_svy » Thu Jan 18, 2024 1:52 pm

        Good that you got advice from a solicitor. My personal suggestion would be, if you can negotiate it with your employer, that you don't just move to Saudi Arabia straight after your application is submitted - some trips there you can probably get away with, but you have to show that you have an intention to reside here, and going to work abroad isn't going to be strong evidence to support that.
        All advice comes from personal research and experience and should not be regarded as professional opinion.

        lolo2
        Senior Member
        Posts: 704
        Joined: Thu Oct 24, 2019 8:14 pm
        Venezuela

        Re: British nationality application - Intentions to stay in the condition

        Post by lolo2 » Fri Jan 19, 2024 1:44 pm

        wmlmkpnw wrote:
        Thu Jan 18, 2024 12:49 pm
        As part of showing the intention of residence, this will be to provide evidence of your home and family in the UK.
        If I understand correctly, this means that you will be relocating to KSA alone and your spouse and child will stay in the UK?

        As commented above, there are two things you need to consider here, the absence requirement and the intentions to continue living in the UK. In my view, the caseworker might see both elements with very high scrutiny since you will not be in the UK for a considerable amount of time prior to the application.

        Despite your arrangement with the employer to give extra absences to be in compliance with the 90-days rule, the people assessing your naturalisation application are trained to detect that you were just making up your stay. They know that staying in KSA for a long time means working - and living - there. However I am not sure how keeping the family in the UK would make a difference for a successful application.

        In any case, I agree with the advice given before, I personally wouldn't take this risk and would delay starting the job after the naturalisation application - or after is being granted.

        abbott25
        Newly Registered
        Posts: 18
        Joined: Wed Mar 22, 2023 7:19 am
        Tanzania

        Re: British nationality application - Intentions to stay in the condition

        Post by abbott25 » Sun Feb 25, 2024 6:55 pm

        Your ok mate unless you open your mouth and tell them your job in Saudi Arabia, put ur application and carry on with your life, sometime our own mouth could cause us problems, how they know ur In Saudi or ur intentions? Ur intentions is to live in UK that is what u should put on your application , the rest is because u want to tell them, so be smart

        Post Reply