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Naturalisation Application Submitted Outside UK

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

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Merekatunboxed
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Naturalisation Application Submitted Outside UK

Post by Merekatunboxed » Tue Oct 01, 2024 12:35 pm

I submitted my application for naturalisation in May 2024 whilst I was in a different country, I received a vague email, I was expecting to be able to upload my documents but instead I was told to send them physically. So I sent my passport expecting some sort of acknowledgment letter, didn’t get one. I need to leave the country, so I need my passport.. emailed further enquiries - no response. It is now October? What do you recommend I do? Is this normal.

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contorted_svy
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Re: Naturalisation Application Submitted Outside UK

Post by contorted_svy » Tue Oct 01, 2024 6:10 pm

On what grounds did you apply for naturalisation while outside of the UK? Applications from abroad are known to take a lot longer.
All advice comes from personal research and experience and should not be regarded as professional opinion.

secret.simon
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Re: Naturalisation Application Submitted Outside UK

Post by secret.simon » Tue Oct 01, 2024 9:15 pm

contorted_svy wrote:
Tue Oct 01, 2024 6:10 pm
Applications from abroad are known to take a lot longer.
and almost certainly likely to be rejected.
Future residence requirement - Naturalisation caseworker guidance wrote: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.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Ticktack
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Re: Naturalisation Application Submitted Outside UK

Post by Ticktack » Wed Oct 02, 2024 9:41 am

How do you plan to meet the residency requirements of the last year before application? When you're actually still outside the country :?:
No sin in failing, you just have to try and try again!

Merekatunboxed
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Re: Naturalisation Application Submitted Outside UK

Post by Merekatunboxed » Thu Oct 03, 2024 9:55 am

Ticktack wrote:
Wed Oct 02, 2024 9:41 am
How do you plan to meet the residency requirements of the last year before application? When you're actually still outside the country :?:
What residency requirements of the last year?

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Re: Naturalisation Application Submitted Outside UK

Post by Merekatunboxed » Thu Oct 03, 2024 10:02 am

contorted_svy wrote:
Tue Oct 01, 2024 6:10 pm
On what grounds did you apply for naturalisation while outside of the UK? Applications from abroad are known to take a lot longer.
I should have given that information. I have an indefinite leave to remain, waited the 12 month period before applying for naturalisation. I’m concerned that I need to come back to London but they still have my passport?

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contorted_svy
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Re: Naturalisation Application Submitted Outside UK

Post by contorted_svy » Thu Oct 03, 2024 10:04 am

You had to apply from inside the UK. Your application will be refused. Try to contact UKVI asking to cancel your application and get your documents returned.

You have to spend less than 90 days outside the UK in the last year, and have to declare all absences - you can't apply for British citizenship while outside of the country.
All advice comes from personal research and experience and should not be regarded as professional opinion.

Merekatunboxed
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Re: Naturalisation Application Submitted Outside UK

Post by Merekatunboxed » Thu Oct 03, 2024 10:06 am

secret.simon wrote:
Tue Oct 01, 2024 9:15 pm
contorted_svy wrote:
Tue Oct 01, 2024 6:10 pm
Applications from abroad are known to take a lot longer.
and almost certainly likely to be rejected.
Future residence requirement - Naturalisation caseworker guidance wrote: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.
Why would they say you can apply for naturalisation abroad if they intend to reject it? That doesn’t make any sense. If it was a requirement to be in the UK it should have been clearly stated no? I’ve been there for less than 6 months but what if it takes them longer than 6 months to decide? Will I be penalised for that

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Ticktack
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Re: Naturalisation Application Submitted Outside UK

Post by Ticktack » Thu Oct 03, 2024 10:16 am

Merekatunboxed wrote:
Thu Oct 03, 2024 9:55 am
Ticktack wrote:
Wed Oct 02, 2024 9:41 am
How do you plan to meet the residency requirements of the last year before application? When you're actually still outside the country :?:
What residency requirements of the last year?
Must not have had more than 450 days outside the UK in the 5-year period before
making the application.
• Must not have had more than 90 days outside the UK in the 12-month period before
making the application.
No sin in failing, you just have to try and try again!

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Re: Naturalisation Application Submitted Outside UK

Post by contorted_svy » Thu Oct 03, 2024 10:17 am

How can you declare absences from the UK while you are still absent on the day you apply? As secret.simon highlighted from the caseworker guidance, it is explicitly stated that your application will be refused. You need to come back, wait until you respect the absence requirements, and apply again if you want to.

Look at it from their perspective - why would they want to let someone become a citizen of their country while living in another country? What does that say about your commitment to living in the UK?
All advice comes from personal research and experience and should not be regarded as professional opinion.

Merekatunboxed
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Re: Naturalisation Application Submitted Outside UK

Post by Merekatunboxed » Thu Oct 03, 2024 10:26 am

contorted_svy wrote:
Thu Oct 03, 2024 10:17 am
How can you declare absences from the UK while you are still absent on the day you apply? As secret.simon highlighted from the caseworker guidance, it is explicitly stated that your application will be refused. You need to come back, wait until you respect the absence requirements, and apply again if you want to.

Look at it from their perspective - why would they want to let someone become a citizen of their country while living in another country? What does that say about your commitment to living in the UK?

Residence requirements: section 6(1)
The residence requirements which someone applying under section 6(1) of the British Nationality Act 1981 must meet are that the applicant was:

in the UK at the beginning of the period of 5 years ending with the date of the application
not absent from the UK for more than:
450 days in that 5-year period
90 days in the period of 12 months ending with the date of application


Key phrase that is being overlooked here for some reason, “ending with the date of application”

So whilst yes I was abroad when the application was submitted I had not been out the country for 90 days.

I’ve lived in the UK for over a decade. I don’t live in another country I applied on holiday. I still live in UK

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Ticktack
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Re: Naturalisation Application Submitted Outside UK

Post by Ticktack » Thu Oct 03, 2024 10:46 am

We can only proffer advise. You've already made your application from outside the UK. I hope you added the key "phrase" to a cover letter for the HO.

We might yet learn something new from you. Please keep this thread updated.
No sin in failing, you just have to try and try again!

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Re: Naturalisation Application Submitted Outside UK

Post by lolo2 » Thu Oct 03, 2024 11:04 am

I still don't understand why you decided to apply for naturalisation from abroad. In any case, it seems you're forgetting one aspect of the application and that's the future intentions.

See the Naturalisation booklet page 17
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
If you aren't into any of the categories listed above it's almost certain that your application will be refused. I would take the 6 months (or even the 90 days) as indicative, a citizenship application submitted from abroad still can be highly scrutinised by the caseworker, irrespective of how long the applicant have been abroad. I think I've seen a couple of posts from members who submitted either naturalization or first British passport applications from abroad and having several problems - on the grounds of the future intentions principle.

Again, unsure why after living several years in the UK you decided to complicate your life now with this process.

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Re: Naturalisation Application Submitted Outside UK

Post by secret.simon » Thu Oct 03, 2024 11:44 am

Merekatunboxed wrote:
Thu Oct 03, 2024 10:06 am
Why would they say you can apply for naturalisation abroad if they intend to reject it?
Where does the Home Office say that you can apply for naturalisation from abroad? A source or sources would be useful.

Certain people (spouses of British citizens abroad in Crown Service) can apply from abroad because they are abroad at the direction of the Crown/government.

Note that even a first British passport application from abroad, after a successful naturalisation application and citizenship ceremony in the UK, is subject to additional scrutiny for not meeting the future residence requirement.

You need to be in the UK for
(a) the date of application,
(b) The date of biometrics
(c) The citizenship ceremony, and,
(d) Applying for and recieving your British passport.

Again, you've already made the application. Keep us posted on its progress.

EDIT: If you're holidaying in a country of which you're a citizen, can you apply for a replacement passport directly with them?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Naturalisation Application Submitted Outside UK

Post by contorted_svy » Thu Oct 03, 2024 11:48 am

In any case, if now you want to come back to the UK, you need to get your passport back. Depending on your plans, the quickest way may be to ask to cancel your application - but of course that means you lose the money. It is irrelevant that you were on holiday when you applied, you could just have waited until you were back. You know that you had to send your original passport and that these applications can take up to 6 months, so definitely this issue would have come up sooner rather than later unless your holiday was already planned for this long (I wonder if you purchased a return ticket - if you didn't, that would be more evidence against your intention to live in the UK long term).

Get in touch with UKVI and see what your options are to get back your passport.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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