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Citizenship application: Partner Lives Abroad

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

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James1998
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Citizenship application: Partner Lives Abroad

Post by James1998 » Mon May 06, 2024 2:50 pm

Hello all,

Happy bank holiday weekend!

I am in the process of applying for the British citizenship and have come across the future intentions requirement where there is some information regarding factors that cast doubt on intention e.g. a partner that is living abroad.

Whilst I have met all the absence and time in the UK (e.g. absences of less than 450 days and 90 days in the past year), I recently got married 2 months ago and my spouse lives abroad.

Would this cast doubt over my future intentions to stay in the UK or will my past absences and current job in the UK be enough to prove this requirement?

Many thanks all.

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contorted_svy
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Re: Citizenship application: Partner Lives Abroad

Post by contorted_svy » Tue May 07, 2024 4:06 pm

From the guidance https://www.gov.uk/government/publicati ... accessible
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 does seem that your spouse living abroad may cast a doubt on your future intentions. Would it be feasible for your partner to live in the UK for some time? I am not sure what kind of evidence you could submit to show your future intentions with a partner living abroad.
All advice comes from personal research and experience and should not be regarded as professional opinion.

James1998
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Re: Citizenship application: Partner Lives Abroad

Post by James1998 » Tue May 07, 2024 6:44 pm

Thank you for your reply. By partner moving to the Uk, that is apply through the partner/ spouse visa route or could the visit visa work for that as well?

Many thanks.
contorted_svy wrote:
Tue May 07, 2024 4:06 pm
From the guidance https://www.gov.uk/government/publicati ... accessible
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 does seem that your spouse living abroad may cast a doubt on your future intentions. Would it be feasible for your partner to live in the UK for some time? I am not sure what kind of evidence you could submit to show your future intentions with a partner living abroad.

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CR001
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Re: Citizenship application: Partner Lives Abroad

Post by CR001 » Tue May 07, 2024 6:48 pm

By partner moving to the Uk, that is apply through the partner/ spouse visa route or could the visit visa work for that as well?
A visit visa is not residing or living as your partner has to leave the UK and to get the visa, prove strong ties to her home country. Always difficult when the spouse is in the UK.

Having recently married will have NO effect on your citizenship application.

Presumably you are intending to apply for a spouse visa for your partner at some point in the future.

When did you get ILR? Your last posts asking about ILR are in September 2023, which means you do not qualify for citizenship yet.
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James1998
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Re: Citizenship application: Partner Lives Abroad

Post by James1998 » Tue May 07, 2024 6:55 pm

CR001 wrote:
Tue May 07, 2024 6:48 pm
By partner moving to the Uk, that is apply through the partner/ spouse visa route or could the visit visa work for that as well?
A visit visa is not residing or living as your partner has to leave the UK and to get the visa, prove strong ties to her home country. Always difficult when the spouse is in the UK.

Having recently married will have NO effect on your citizenship application.

Presumably you are intending to apply for a spouse visa for your partner at some point in the future.

When did you get ILR? Your last posts asking about ILR are in September 2023, which means you do not qualify for citizenship yet.
Thank you very much for the reply. I got my ILR in September whilst we will be having the court wedding at the end of June (we have had a religious wedding, which is not recognised by the UK). That would mean the wedding would be approx 3 months before application for ILR, and I would have a partner living abroad at the time. I plan to get a spouse visa for my partner around December and she will be moving here to be with me.

Many thanks

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Re: Citizenship application: Partner Lives Abroad

Post by CR001 » Tue May 07, 2024 7:05 pm

Then there is no issue. UKVI know the rules and processes if recently married abroad etc and applying for visas.

Are you South African (as your flag indicates)?
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James1998
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Re: Citizenship application: Partner Lives Abroad

Post by James1998 » Tue May 07, 2024 7:44 pm

CR001 wrote:
Tue May 07, 2024 7:05 pm
Then there is no issue. UKVI know the rules and processes if recently married abroad etc and applying for visas.

Are you South African (as your flag indicates)?
Thank you very much for the clarification. Yes I am from South Africa but also have Nigerian heritage.

Thank you so much for the help

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Re: Citizenship application: Partner Lives Abroad

Post by CR001 » Tue May 07, 2024 7:46 pm

Are you retaining your SA citizenship and if so, have you completed the two additional fee step processes to be able to retain it?
Char (CR001 not Casa)
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James1998
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Re: Citizenship application: Partner Lives Abroad

Post by James1998 » Tue May 07, 2024 8:01 pm

CR001 wrote:
Tue May 07, 2024 7:46 pm
Are you retaining your SA citizenship and if so, have you completed the two additional fee step processes to be able to retain it?
I applied for the certificate of non-acquisition from the Home Office and will then get the Certificate of retention to keep SA rights. I am planning to get both in place before the citizenship application goes out

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Re: Citizenship application: Partner Lives Abroad

Post by CR001 » Tue May 07, 2024 8:11 pm

Fair enough.

Just so that you are aware, if you are in SA and the paw paw hits the fan, as a dual SA and British citizen, you cannot get British consular help/evacuation/repatriation/protection etc. as you are in SA as an SA citizen.

I gave mine up after doing a lot of research and now have a non-SA ID book, am allowed to work there, open a bank account etc etc and the letter I have from the embassy (which cost me nothing) gives me permission to enter on my British passport and states the specific legislation relating to the fact that I have the right to permanent residency as I was born there.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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