Deputation Outside UK

[amoghdhamankar]

Hello... Thanks to this amazing website, I managed to get my ILR smoothly through on 24th June 2011. My company is looking for people to run a project outside UK. At this point in time the time-scales look to be around 6 months.

I have following questions -
1) Will me being deputed outside UK hamper my criterion for Naturalisation?
2) What documents should I ask my company to provide me if I want to take up the opportunity?
3) If the project extends to an year, can I apply for naturalisation from the country which I am in?
4) What happens to my wife and childs application as she will accompany me (She is a homemaker and I have kiddo)

As usual, any guidance much appreciated before I go back to my organisation for the opportunity

Keep up the great work. You are source of great information

Thanks

[Jambo]

The rules for ILR and naturalisation are different. Unlike ILR, there is no difference if absences from the UK are for personal or business reasons.

The requirements you need to meet are:
- less than 450 days outside the UK in the 5 years prior to the application.
- Out of those 450 days, less than 90 days are in the last year before applying.

If you leave the UK for a lengthy period, you will probably need to wait one year when you return to meet the above criteria. This affects your wife as well.

The HO might apply discretion if you absences are above the threshold. See more details here.

[skr27]

sorry for jumping into this. what happens if the absence is going to be after the application, but before the approval. Is there any ground to request a speedy processing of the application?

[gc123]

Absence after naturalisation application doesn't matter (and anyway this assumes that you have your passport!). Everything is based on the date application is received at Home Office

[Jambo]

sorry for jumping into this. what happens if the absence is going to be after the application, but before the approval. Is there any ground to request a speedy processing of the application?

Absences after submission are not relevant.

[skr27]

Thank you Jambo and gc123 for your reply. I understand that. However my question is can a job offer that require temporary relocation abroad be a reason for speeding up the decision making? can't really travel with the existing travel document either and I am worried I may loose the opportunity if things don't get it sorted quickly.

[Jambo]

Thank you Jambo and gc123 for your reply. I understand that. However my question is can a job offer that require temporary relocation abroad be a reason for speeding up the decision making? can't really travel with the existing travel document either and I am worried I may loose the opportunity if things don't get it sorted quickly.

If the posting abroad is for Crown Service or Armed Forced, you can ask for priority treatment. Otherwise, either apply after you return (why can't you use the existing passport?) or delay the relocation by a few months.

[yog79]

Hi Jambo,

Section 5A1 clearly shows that if you are travelling abroad for british based business/employer then they will consider your application if you are out of the country more than 90 days.

In my case, I have a limited company setup in UK and need to travel a lot for the business and get paid in UK via my limited company.

Please let me know if I can prove that I was getting paid in UK while working abroad will it make any difference to my case?



Thanks in advance,
xxx.

[Jambo]

Hi Jambo,

Section 5A1 clearly shows that if you are travelling abroad for british based business/employer then they will consider your application if you are out of the country more than 90 days.

In my case, I have a limited company setup in UK and need to travel a lot for the business and get paid in UK via my limited company.

Please let me know if I can prove that I was getting paid in UK while working abroad will it make any difference to my case?



Thanks in advance,
xxx.

How many days have you been away in the 5 years and final year? This is all subject to discretion depending on your circumstances. Is your family living in the UK? Have you established your home in the UK etc.

[skr27]

Thank you Jambo for your reply. My posting abroad is not related to crown service or armed forces. can't really use my existing passport as it wont be valid after I get BC. My worry about delaying is, they might withdraw the offer. not a safe thing to do in this difficult financial time.

Thank you Jambo and gc123 for your reply. I understand that. However my question is can a job offer that require temporary relocation abroad be a reason for speeding up the decision making? can't really travel with the existing travel document either and I am worried I may loose the opportunity if things don't get it sorted quickly.

If the posting abroad is for Crown Service or Armed Forced, you can ask for priority treatment. Otherwise, either apply after you return (why can't you use the existing passport?) or delay the relocation by a few months.

[Jambo]

Thank you Jambo for your reply. My posting abroad is not related to crown service or armed forces. can't really use my existing passport as it wont be valid after I get BC. My worry about delaying is, they might withdraw the offer. not a safe thing to do in this difficult financial time.

Tricky I admit. Well, I guess this depends on your timescales. You might be lucky and get an approval in 2-3 months + another month for ceremony + passport application. Alternatively, apply using NCS, keep your passport and move temporary abroad. Return to the UK for the ceremony + passport application (all together should take about 3-4 weeks. You will need to be in the UK during that time if you lose your other nationality once you attend the ceremony and become British).