Back and forth between UK and Canada

[seek]

Hello helpful people!

I'm looking for a little advice on a topic that seems slightly off the beaten track. Any information is very much appreciated as I'm struggling to find these answers elsewhere.

I'll be coming to the end of my 2 year spouse visa in September 2008, at which time I'll apply for ILR, take my citizenship test and hopefully be naturalised. My British husband and I had plans to remain in the UK for at least another few years after which we were hoping to move back to my homeland (Canada) for a while. We'll be keeping our house here in the UK with definite plans to return at some point.

Plans have now changed. We would like to head over to Canada in October 2008. I'm wondering how this will affect my citizenship status in the UK. As we have plans to eventually return I don't want to jeopardize my naturalization which I will one day need. Am I able to maintain British citizenship even though I've returned to Canada to live for a few years? Are there restrictions I need to be aware of?

Again, thank you very much for any help you can give!

[Decus et Tutamen]

As the spouse of a British citizen, you can apply for naturalisation once you have been in the UK for 3 years, so in your case this would appear to be Sept 09. However, there are residency qualifications, and if you move back to Canada in October 2008, it is probable that you will not meet the criterion to have spent no more than 90 days outside the UK in the year immediately preceding your application.

Failing naturalisation, your indefinite leave will remain valid unless you spend more than two years outside the U.K. However, as an indefinite leave holder, each time you re-enter the UK you should be doing so in order to resume your residency. If the IO were to become aware that you may be "topping up" your ILR, he may instead land you as a visitor and this would take you back to square one.

[seek]

As the spouse of a British citizen, you can apply for naturalisation once you have been in the UK for 3 years, so in your case this would appear to be Sept 09. However, there are residency qualifications, and if you move back to Canada in October 2008, it is probable that you will not meet the criterion to have spent no more than 90 days outside the UK in the year immediately preceding your application.

Failing naturalisation, your indefinite leave will remain valid unless you spend more than two years outside the U.K. However, as an indefinite leave holder, each time you re-enter the UK you should be doing so in order to resume your residency. If the IO were to become aware that you may be "topping up" your ILR, he may instead land you as a visitor and this would take you back to square one.

Thank you very much for your prompt response. I should have been a little more clear and mentioned that I originally came over here June 18 '05 on a working holidaymaker visa.

[vinny]

Time legally spent on WHM may be included for naturalisation purposes.

[Decus et Tutamen]

Thank you very much for your prompt response. I should have been a little more clear and mentioned that I originally came over here June 18 '05 on a working holidaymaker visa.

In which case, you're good to go once you have your indefinite leave. You can apply for the ILR once you've spent 23 months in the U.K. as the spouse of a Brit cit and once that comes through, you could immediately apply for naturalisation. Once you have your naturalisation, you won't lose it.

However, I can see some timing issues here. On the assumption that you apply for your indefinite leave in August 2008, you will, cross fingers, have a result by September 2008. Even if you then immediately file your naturalisation application, it may be Nov/Dec 2008 before that comes through.

[seek]

Time legally spent on WHM may be included for naturalisation purposes.

Now, if I follow through with my British naturalization, will there be any restrictions on leaving the country for an indefinite amount of time? We're talking about moving back to Canada in Oct '08, with plans come back to the UK in about 5 years time.

Thanks again for your advice.

[seek]

Even if you then immediately file your naturalisation application, it may be Nov/Dec 2008 before that comes through.

Will I need to remain in the UK until that comes through?

[vinny]

They may contact you when processing your application. I believe that you would need to attend the Citizenship ceremony.

[Decus et Tutamen]

Also, the point of the residency test is that naturalisation is only given to those who have demonstrated a committment to living in the U.K., so to apply and then hot-foot it to Canada would, perhaps, cause them to think again.

[VictoriaS]

If applying for naturalisation as a spouse you do not need to show a committment to staying in the UK.

Victoria

[Decus et Tutamen]

From chapter 18 Annex B 1.1 of the Nationality Instructions:-

The main purposes of the residence requirements are to allow an applicant to demonstrate close links with, and commitment to, the United Kingdom, and to enable the Home Secretary to assess the strength of that commitment and the applicant's suitability on other grounds...

The point being that you do need to demonstrate a committment to the UK and if the BIA were aware that you immediately intended to hot-foot it to Canada, they could determine that you have not displayed sufficient committment to the UK.

[seek]

Pretty demanding, I know! It's definitely a have-cake-and-eat-it-too situation, but we like both countries so much we're really hoping to be able to spend equal time in each of them.

If I can apply for ILR after 23 months, and I arrived on 18/06/05, am I correct to say that I can apply 18/05/08 for ILR and sit my citizenship soon after that?

...one last shot to make sure that I've got it right.

Plans change all the time - we may sit tight for a while longer yet!

[VictoriaS]

That committment is waived in cases where people are applying on the basis of marriage.


Victoria

[Directive/2004/38/EC]

Also, the point of the residency test is that naturalisation is only given to those who have demonstrated a committment to living in the U.K., so to apply and then hot-foot it to Canada would, perhaps, cause them to think again.

If you are the spouse of a UK citizen, you are not required to intend to stay in the UK...

[JAJ]

The point being that you do need to demonstrate a committment to the UK and if the BIA were aware that you immediately intended to hot-foot it to Canada, they could determine that you have not displayed sufficient committment to the UK.

The statutory requirement for s6(1) naturalisation applicants to intend to stay resident in the UK (with few exceptions) is not replicated for s6(2) applicants, spouses or civil partners of British citizens.

It would be wholly contrary to the spirit of the Act to impose such a requirement in policy and they don't do that.

In fact it's even possible to do the citizenship ceremony overseas. The only caveat for naturalisation is that if there is some problem with the residence requirement, there may be no opportunity to fix it if you leave the UK straight after submission.

[seek]

Thanks again for the info everyone. It's very helpful.

Can I just double check this last point, keeping in mind that I was here for a year originally on a WHM visa, which will bring my total stay time to 35 months on 18/05/08:

If I can apply for ILR after 23 months, and I arrived on 18/06/05, am I correct to say that I can apply 18/05/08 for ILR and sit my citizenship soon after that?

[seek]

You can apply for the ILR once you've spent 23 months in the U.K. as the spouse of a Brit cit and once that comes through, you could immediately apply for naturalisation.

Never mind. Think I've already been given the answer.

[Dawie]

From the BIA website:

We may withdraw your British citizenship if it is found to have been obtained by fraud, false statements or concealing facts that would have affected our decision.

We may also withdraw your of British citizenship if, in our opinion, it would be in the public interest for us to do so and you would not be made stateless as a result of us withdrawing British citizenship.

Further information on withdrawal of British citizenship can be found in chapter 55 of the nationality instructions.

So the answer is no, you will not lose your British citizenship, even if you leave the UK and never return.