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Advice for citizenship for dual national

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

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ID15072
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Citizenship, Settled Status, need some ideas!

Post by ID15072 » Tue May 28, 2019 9:28 am

Hi there - need some ideas about what to do next...
I moved to the UK (with an EU passport) in Feb 2014
I got Settled Status in March 2019 though I am thinking that it might be easier to apply for citizenship (I can have multiple) so that I don't have to worry about leaving and returning the country with longer gaps.

Does anyone know if I can apply for citizenship with the Settled Status letter (it is a pdf) I received?
If not, even though I have Settled Status, can I now apply for ILR and backdate it to Feb?

As I am/was fully employed, in the 5 years prior to getting Settled Status I don't believe I was way from the UK more than 25 days a year - though I am thinking to take a long break this year and if I understand correctly I am only allowed 90 days in the 12 months prior to a citizenship application; what happen if I do more? Obviously I won't qualify for citizenship but does it also mean that my qualifying residence also resets? i.e. if I leave the UK for 1.5 years (Settled Status allows 2 years), then come back to the UK, can I apply for citizenship 12 months after or is it again 6 years?

guru1s
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Re: Citizenship, Settled Status, need some ideas!

Post by guru1s » Tue May 28, 2019 9:44 am

ID15072 wrote:
Tue May 28, 2019 9:28 am
Hi there - need some ideas about what to do next...
I moved to the UK (with an EU passport) in Feb 2014
I got Settled Status in March 2019 though I am thinking that it might be easier to apply for citizenship (I can have multiple) so that I don't have to worry about leaving and returning the country with longer gaps.

Does anyone know if I can apply for citizenship with the Settled Status letter (it is a pdf) I received?
If not, even though I have Settled Status, can I now apply for ILR and backdate it to Feb?

As I am/was fully employed, in the 5 years prior to getting Settled Status I don't believe I was way from the UK more than 25 days a year - though I am thinking to take a long break this year and if I understand correctly I am only allowed 90 days in the 12 months prior to a citizenship application; what happen if I do more? Obviously I won't qualify for citizenship but does it also mean that my qualifying residence also resets? i.e. if I leave the UK for 1.5 years (Settled Status allows 2 years), then come back to the UK, can I apply for citizenship 12 months after or is it again 6 years?
Settled status is not backdated and you have to have this for at least 12 months before applying. You can apply for ILR (it is called actually PR for EU citizens), but you have to have this for 12 months before applying for naturalisation. You cannot be absent from UK for more than 90 days in the last 12 months.

ID15072
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Re: Citizenship, Settled Status, need some ideas!

Post by ID15072 » Tue May 28, 2019 9:56 am

guru1s wrote:
Tue May 28, 2019 9:44 am

Settled status is not backdated and you have to have this for at least 12 months before applying. You can apply for ILR (it is called actually PR for EU citizens), but you have to have this for 12 months before applying for naturalisation. You cannot be absent from UK for more than 90 days in the last 12 months.
Can I backdate my PR? Or given that it's only 1 month difference would that be too much work for not much gain? So, technically I could leave for more 1.5 years, return, stay 12 months with no more than 90 days absence and apply?

hermanthegerman
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Re: Citizenship, Settled Status, need some ideas!

Post by hermanthegerman » Tue May 28, 2019 10:01 am

Yes you can get the PR backdates to the earliest date, however as you say the minimal difference is unlikely to make it worth it (especially as it requires a lot for paper work).

In terms of absence, you can have no more than:
90 days outside the UK in the 12 months prior to submitting their application; and
450 days in total outside the UK across the five years prior to submitting their application.

and have to be physically in the UK on the day 5 years prior to submitting your application.

So if you leave for 1.5 years you would have to wait at least 12 months after returning and make sure you do not breach the 450 days total rule (1.5 years is 540 days so you are likely to have to wait another 4 and a bit years after returning depending on much much are absent subsequently).

ID15072
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Re: Citizenship, Settled Status, need some ideas!

Post by ID15072 » Tue May 28, 2019 10:11 am

thank you - so some food for thought for me then!
Can I request a long of my current absences from the home office? Is it a lengthy/difficult process?

hermanthegerman
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Re: Citizenship, Settled Status, need some ideas!

Post by hermanthegerman » Tue May 28, 2019 10:14 am

You can apparently do a subject access request to get some of this information but apparently they are incomplete and it is unlikely to list the dates when you left as your passport isn't usually scanned when you leave on a plane.

I just went through my emails for the last few years, it look several hours but was doable. Looking at the forum it also doesn't seem detrimental if you miss some trips (because you can genuinely not remember, not because your are concealing information) so I would make the best effort you can and start a spreadsheet and log any trips going forward so its ready by the time you apply.

guru1s
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Re: Citizenship, Settled Status, need some ideas!

Post by guru1s » Tue May 28, 2019 12:52 pm

ID15072 wrote:
Tue May 28, 2019 9:56 am

Can I backdate my PR? Or given that it's only 1 month difference would that be too much work for not much gain? So, technically I could leave for more 1.5 years, return, stay 12 months with no more than 90 days absence and apply?
90 days outside the UK in the 12 months prior to submitting their application; and
450 days in total outside the UK across the five years prior to submitting their application.

1.5 years is 547.5 days, but you cannot be absent for more than 450 days in 5 years..

PR is backdated, but in your case there is only one month difference and it costs £65.

ID15072
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Re: Citizenship, Settled Status, need some ideas!

Post by ID15072 » Tue May 28, 2019 1:30 pm

will do some counting... are days counted as sleeps outside? i.e. landing day is not counted.
Also, is time spent in British Overseas Territory counted as abroad? i.e. time in Gibraltar, etc

hermanthegerman
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Re: Citizenship, Settled Status, need some ideas!

Post by hermanthegerman » Tue May 28, 2019 1:38 pm

yes, landing and return day are not counted ie if you go away for 1 night it doesn't count at all.

I think anytime spend outside the United Kingdom counts.

guru1s
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Re: Citizenship, Settled Status, need some ideas!

Post by guru1s » Tue May 28, 2019 3:49 pm

You can be outside UK for 2 consecutive days without mentioning this..but no more than 2 days at a time..

ID15072
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UK Naturalisation timing

Post by ID15072 » Fri Sep 13, 2019 10:36 am

HI there – just asking for some advice about timing and sequence to apply for naturalisation.

I was granted ILR (settled status) in March 2018 (all I have is the pdf confirmation) and I am planning to apply for naturalisation in March 2019 (12 months later) but I would also like to go back home for few months after applying next year so I am trying to understand how to fit everything with the UK naturalisation process.

After completing the application, does it take long to get feedback?

While a decision is being taken, do I need to stay in the UK or can I be abroad? Do I have a certain number of days I am allowed to be in the country?

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CR001
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Re: UK Naturalisation timing

Post by CR001 » Fri Sep 13, 2019 10:41 am

I was granted ILR (settled status) in March 2018 (all I have is the pdf confirmation) and I am planning to apply for naturalisation in March 2019 (12 months later)
Presumably you mean MARCH 2019 for Settled Status and MARCH 2020 for Naturalisation application.
but I would also like to go back home for few months after applying next year so I am trying to understand how to fit everything with the UK naturalisation process.

After completing the application, does it take long to get feedback?

While a decision is being taken, do I need to stay in the UK or can I be abroad? Do I have a certain number of days I am allowed to be in the country
A naturalisation application can take a couple of months, up to 6 months, sometimes longer (some members have been waiting more than a year).

There is no requirement that you must not leave the UK while the application is pending. You are free to travel. Note though that HO writes to you by post if they require additional information or have any queries, and if you are not here to see your post, you might miss something.

Note also that if you are approved, you have to book your ceremony within 21 days of receipt of the approval letter and you have to attend your ceremony within 90 days of the letter.
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aman90
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Re: UK Naturalisation timing

Post by aman90 » Fri Sep 13, 2019 10:45 am

ID15072 wrote:
Fri Sep 13, 2019 10:36 am
HI there – just asking for some advice about timing and sequence to apply for naturalisation.

I was granted ILR (settled status) in March 2018 (all I have is the pdf confirmation) and I am planning to apply for naturalisation in March 2019 (12 months later) but I would also like to go back home for few months after applying next year so I am trying to understand how to fit everything with the UK naturalisation process.

After completing the application, does it take long to get feedback?

While a decision is being taken, do I need to stay in the UK or can I be abroad? Do I have a certain number of days I am allowed to be in the country?
March 2019 was 6 months ago.
You are free to leave the country to travel.
Feedback can take anywhere from 1 month to 6 months or more.
In case you HO requires more documents they will get in touch with you
In case you get approval.. you’ll have 3 months to take oath ceremony. If you don’t you’ll have to start the BC process all over again.

ID15072
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Re: UK Naturalisation timing

Post by ID15072 » Fri Sep 13, 2019 10:59 am

aman90 wrote:
Fri Sep 13, 2019 10:45 am
March 2019 was 6 months ago.
You are free to leave the country to travel.
Feedback can take anywhere from 1 month to 6 months or more.
In case you HO requires more documents they will get in touch with you
In case you get approval.. you’ll have 3 months to take oath ceremony. If you don’t you’ll have to start the BC process all over again.
You're right, I meant March 2020!!!
So say I apply then in March 2020 and then go back home, as long as I am reachable it should be okay? Can I take the oath ceremony abroad or I must be in the UK?

I was planning to keep my flat and everything in the UK as usual, I am really just going home for 6 months or so ...

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Re: UK Naturalisation timing

Post by CR001 » Fri Sep 13, 2019 11:05 am

So say I apply then in March 2020 and then go back home, as long as I am reachable it should be okay? Can I take the oath ceremony abroad or I must be in the UK?
It needs to be in the UK. There are only very specific circumstances that allow a person to have the ceremony abroad and it is usually only if married to a British citizen and you are moving abroad for work purposes. Make sure you have someone check your post though. Any correspondence from HO generally comes second class post in a brown envelope and it looks a bit like junkmail.
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ID15072
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Re: UK Naturalisation timing

Post by ID15072 » Fri Sep 13, 2019 11:37 am

CR001 wrote:
Fri Sep 13, 2019 11:05 am
So say I apply then in March 2020 and then go back home, as long as I am reachable it should be okay? Can I take the oath ceremony abroad or I must be in the UK?
It needs to be in the UK. There are only very specific circumstances that allow a person to have the ceremony abroad and it is usually only if married to a British citizen and you are moving abroad for work purposes. Make sure you have someone check your post though. Any correspondence from HO generally comes second class post in a brown envelope and it looks a bit like junkmail.

bummer... but at least once the application is submitted there is no restriction on how many days I can be abroad! I could get my mail directed to a friend so it's never missed or perhaps might be easier to appoint a migration lawyer? It would be much easier if HO would use emails! :cry:

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aman90
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Re: UK Naturalisation timing

Post by aman90 » Fri Sep 13, 2019 11:53 am

You can choose to give a different correspondence address. Just ensure that the person at the address is reliable and responsible.

ID15072
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Advice for citizenship for dual national

Post by ID15072 » Sat Jun 13, 2020 10:43 am

hi all - just seeking some advice about British citizenship.

I moved to the UK in 2013 using my EU passport and received my EU settled status more than 12 months ago, so I am now looking to apply for British citizenship. I also have an Australian passport which I use for voting, etc while in the UK.

When I apply for citizenship, will my Australian passport satisfy the English requirement or because I am applying as an EU national I need to complete that as well?

Can I apply for British citizenship as an Australian citizen even though my settled status is linked to my EU passport?

What's the best route?

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