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You seem to be concerned with tax residency - I don't think that comes into it as naturalisation doesn't have financial or employment requirements.zafran1 wrote: ↑Sun Apr 28, 2024 9:26 amHi,
I had a few questions regarding the naturalization application - The overriding concern is to not be tax resident as soon as the statuory requirement of residence is completed. Appreciate any advice.
1) Does the use of immigration lawyers speed up the process of naturlization approval - Technically it's not supposed to make a difference but intangibles matter - i wonder if there is any benefit on timeline (assuming documentation is not an issue)
No - not to my knowledge.
2) The question of leaving the country temporarily for a few years post application
a./ Is there a problem with leaving the country post application - i.e - not being a tax resident anymore.
- can travel for ceremony
You can travel once you have submitted your application, subject to giving your biometrics and attending the ceremony in the UK
b./ Can the passport application be made after receiving naturalization approval or one must wait for the ceremony
You are only British once you have attended the ceremony and received your certificate - it's a legal requirement.
c./ If one needs to leave for a job - does that suffice for a longer term intent to settle or could it jeopardize things in interim.
You are aware of the "intent" aspect, all I will say once you have your passport received in the UK to can travel like everyone else. Applying for a first passport abroad though is not recommended.
3) First Passport application
- Does it need to be made from UK Yes strongly advised - if you apply for a first passport from abroad there may be questions from HMPO/UKVI as to your "intent" statement when you applied.
- Are there urgent / expedited services available No - not for first passport after naturalisation.
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:
a partner who is or intends to live outside of the UK
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.