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Naturalization Applications - Lawyers, Leaving country & intent to settle

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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zafran1
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Naturalization Applications - Lawyers, Leaving country & intent to settle

Post by zafran1 » Sun Apr 28, 2024 9:26 am

Hi,
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)
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
b./ Can the passport application be made after receiving naturalization approval or one must wait for the ceremony
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.
3) First Passport application
- Does it need to be made from UK
- Are there urgent / expedited services available

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alterhase58
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Re: Naturalization Applications - Lawyers, Leaving country & intent to settle

Post by alterhase58 » Sun Apr 28, 2024 9:52 am

zafran1 wrote:
Sun Apr 28, 2024 9:26 am
Hi,
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.
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.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

zafran1
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Posts: 72
Joined: Sun Mar 18, 2018 10:02 am
Iran

Re: Naturalization Applications - Lawyers, Leaving country & intent to settle

Post by zafran1 » Sun Apr 28, 2024 11:39 am

Thank you.That's helpful.
I am concerned that
1./ saying to HMRC in Jan 2026 that i left UK from April 5, 2025 and no longer a tax resident creates a problem when
- i had an application pending on April 5 2025 (assume the submission was in March 2025) and i did not update my intent
- Same thing if it had been approved but before ceremony stage

This contradiction means that even an approved application may be construed as fraudulent and there could be issues

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contorted_svy
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Re: Naturalization Applications - Lawyers, Leaving country & intent to settle

Post by contorted_svy » Sun Apr 28, 2024 12:08 pm

May I ask, when are you due to be eligible for citizenship? Once you become a citizen (and please note it is necessary to apply for first passport from the UK if you apply under Section 6(1) to satisfy the future intentions requirement). Once you attend your ceremony you are free to go - UNLESS it could be reasonably demonstrated that this is what you were planning to do all along, eg start a job abroad before you apply. Could you please elaborate further on your timeline and plans so we can give suggestions based on fact rather than hypothesis?
All advice comes from personal research and experience and should not be regarded as professional opinion.

zafran1
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Iran

Re: Naturalization Applications - Lawyers, Leaving country & intent to settle

Post by zafran1 » Sun Apr 28, 2024 9:57 pm

12 months post settled status - April 10, 2025
Tax year - April 5, 2025
Self employed in a UK partnership currently
2 options -
1./ Forget about UK passport - take a split year and move out in June - all kosher. Tax efficient as i get 80% of the payment in June next year.
2./ Stay until April next year - leave and then intimate HRMC of having left the country at some point of time after June - passport application becomes complicated. Could just leave things as is and take passport another point of time in life is another option if possible.
The tax implications involve material sums so - just trying to optimize.

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contorted_svy
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Re: Naturalization Applications - Lawyers, Leaving country & intent to settle

Post by contorted_svy » Sun Apr 28, 2024 11:25 pm

In theory, if you apply in April 2025 you are then OK to leave the country until your citizenship application gets approved. If you eg sell all your property and clearly are leaving with no plans to return of course it would become more difficult, to my knowledge it is not a requirement to be a tax resident in the UK after having applied for naturalisation to satisfy the future intentions requirement. Note that citizenship and passport are two separate processes, you'll need to apply for a passport after your citizenship is granted, it doesn't happen at the same time. Ultimately it all comes down to how important UK citizenship is to you. If you are willing to forego some tax benefits in order to have a British passport, that is up to you. Consider also that leaving the UK for extended periods of time could jeopardise your settled status, so it may be worth investing in the long term, get UK citizenship then grow your business abroad with no fear of not being able to return.
All advice comes from personal research and experience and should not be regarded as professional opinion.

zafran1
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Iran

Re: Naturalization Applications - Lawyers, Leaving country & intent to settle

Post by zafran1 » Sat May 11, 2024 2:07 pm

Thanks - if my spouse (EU national) leaves the UK prior to my BC application -
1./ Does it create a problem in terms of the two applications having been linked all these years (no change to relationship, she is keen to move out asap to sunny climes). We both have EU settled status.
2./ Any other issues from intent to settle etc

Thanks

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contorted_svy
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Re: Naturalization Applications - Lawyers, Leaving country & intent to settle

Post by contorted_svy » Sat May 11, 2024 2:48 pm

Including all the other factors you already outlined having a spouse that lives abroad doesn't make your case stronger.

Regarding your previous query about moving tax residence, I have scoured the guidance again and found this:
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.

It is up to you to decide how much becoming British is worth to you and your spouse. If it is, you may have to bite the financial bullet for a couple of years, and put the wish for a sunnier climate on hold. Once you naturalise and obtain a British passport you can move abroad as you prefer - but being in a rush could well jeopardise your future intentions requirement.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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