Can an application be amended

[aprilclub]

I have a rather unusual querry.

I have got my citizenship on 11th September; and my spouse had applied for citizenship on 11th July under 5yrs WP + 1 yr ILR basis.

If he now applies as a spouse of a BC, then my spouse is not required to show 'intention to stay in UK' and therefore is free to travel/move abroad.

Can my spouse amend his application from 5yr+1 yr ILR to 'spouse citizenship'.

Or his only choice is to withdraw the previous application and then make a fresh application ( the additional cost of application is no consideration)

[Jambo]

The future intention requirement is only applicable at the time of application. Once the application is approved, then BC can move abroad whenever he wishes to.

Is there a specific reason why your husband would not meet the future intentions requirement?

[aprilclub]

The future intention requirement is only applicable at the time of application. Once the application is approved, then BC can move abroad whenever he wishes to.

Is there a specific reason why your husband would not meet the future intentions requirement?

He has got an option to go abroad, but he has to decide soon. So it will be good if he can apply for the citizenship, avoid the future intention test, and go abroad. I thought the future intention requirement is tested as long as the application is under consideration, and if his application takes a long time ( say 6 months or more) he is sort of stuck.

I have the following questions .

Question 1

So, I was thinking whether he can vary or change his current application from 5yrs + 1yr ILR to a spuse application, thereby get away from the future intention requirement.

Or his only option, if he decides to follow this route is to withdraw the current application, and then put in a fresh application as a spouse of a BC. Will I need a passport for him to make the spouse of BC application, or my naturalisation certificate be sufficient

Question 2

What happens if he makes a parallel application for spouse of BC (i.e make the spouse application without withdrawing the previous application). Is that illegal? If he is refused under the first application on the grounds of future intentions not met, will that affect the outcome of spouse of BC application

[Jambo]

You are worried for nothing. The HO don't have a crystal ball. All the requirements (including residence) are only tested on the daoften application is received. If at the time of the application he (truly) stated his intentions are to stay in the UK and nothing in his past behaviour should indicate that this is not the case, then he would meet the requirement.

What you do mean by saying he will fail the test? How?

[aprilclub]

Since these questions were bugging me, I called up the UKBA for an answer. Here they are, in case it helps someone else



1. There is no provision for varying an application

Actually an application can be varied, but only on facts correct at the date of application; and not post facto. In other words, had I been a uk citizen on the date my spouse applied, he could have varied the application from 5+ 1 yr to a spouse application. Since I was not, he cannot vary

2. It is not illegal to make 2 parallel applications - but not sure how they are dealt with

No clear answer from UKBA. Suggestion was to withdraw the first application and then put in a new one. But not clear what will happen if both are in the system. My guess is both will be processed.

3. There is actually no formal mechanism for withdrawal; though a letter could result in withdrawal. No specified mechanism how and when the process is terminated if a letter is sent

The process for termination is to send a letter to UKBA CET team. They will send a letter back and refund some part of the application fee ( my guess is a small or nothing amount)

Thanks

[Jambo]

You are really trying to make it more complicated than it is.

If he applied in July, a decision is likely to be made shortly.
Even if he notify the HMRC, it will not affect this year tax code. Even if it does, it is unlikely to be spotted by the HO. Even if they spot it, it will not affect the application. Even if the HO would have doubts about his future intention, they will write first to him for clarification before making a decision.

So many "if" but you still insist on rocking the boat which is really not required.

[aprilclub]

You are really trying to make it more complicated than it is.

If he applied in July, a decision is likely to be made shortly.
Even if he notify the HMRC, it will not affect this year tax code. Even if it does, it is unlikely to be spotted by the HO. Even if they spot it, it will not affect the application. Even if the HO would have doubts about his future intention, they will write first to him for clarification before making a decision.

So many "if" but you still insist on rocking the boat which is really not required.

Thanks Jambo. I suspect I am overthinking the situation. Just wary of things going wrong; and idle mind being devil's workshop and all that.

Thanks for your patience and advice