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Studying Abroad before/during Application

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

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ukiuki
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Studying Abroad before/during Application

Post by ukiuki » Thu Dec 26, 2019 1:57 am

Hi all,

I will have had my ILR (via 5-year Tier 2 route) for 12 months in October.

I understand that to apply for citizenship, I need to have held ILR for 12 months, as well as be absent from the UK for not more than 90 days in the last 12 months since receiving ILR.

I am hoping to commence further study (1-2 year Masters degree) abroad, either in August (regular start) or in January (late start).

Scenario 1: Masters degree commencing in August
Would this be allowed? I would be out of the UK for less than 90 days between August and October, but would thus be living outside the UK (but can travel back to the UK just to make the application) at the point of application.
If this is allowed, in addition, would time spent outside the UK after submitting the application count towards the 90 day rule? My concern is that say I am outside the UK only 80 days before submitting the application, but if I were to fly back out of the UK to continue studying while waiting for the naturalization application outcome, that would be over 90 days in total out of the UK.

Scenario 2: Masters degree commencing in January
I would have submitted my naturalization application in October, 3 months before starting in January. However, I would be out of the UK for 1-2 years for the Masters, would this be okay for the naturalization application?

Thank you in advance.

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zimba
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Re: Studying Abroad before/during Application

Post by zimba » Thu Dec 26, 2019 3:56 am

One of the requirements to naturalization is desire to live here for the future. I suggest to apply and secure British citizenship before heading off to study. Any absence after application date is not counted.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ukiuki
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Re: Studying Abroad before/during Application

Post by ukiuki » Thu Dec 26, 2019 5:06 pm

My goal is indeed to live here long-term. I was wondering how a temporary stint overseas to study would be viewed, given the timelines?

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zimba
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Re: Studying Abroad before/during Application

Post by zimba » Thu Dec 26, 2019 9:23 pm

ukiuki wrote:
Thu Dec 26, 2019 5:06 pm
My goal is indeed to live here long-term. I was wondering how a temporary stint overseas to study would be viewed, given the timelines?
It would be irrelevant
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Anambra
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Re: Studying Abroad before/during Application

Post by Anambra » Thu Dec 26, 2019 9:41 pm

ukiuki wrote:
Thu Dec 26, 2019 5:06 pm
My goal is indeed to live here long-term. I was wondering how a temporary stint overseas to study would be viewed, given the timelines?
The only opportunity you are given to state that you intend to continue living in the UK is a simple check box on the application form. It is then left to the case worker to decide, based on published guidance, whether there is any evidence to disprove your statement of future intention to live in the UK. Have a read of the Nationality policy: Naturalisation as a British citizen by discretion document on the Home Office website. Pay attention to of 29 - 34.
The guidance essentially says that the case worker should take your statement of future intent as true if there is "no information to cast doubt on their intention"...

As advised above, you do not want a situation where doubt is cast on your intention, bearing in mind that hese naturalisation applications are purely discretionary. Take a step back, consider your options carefully and good luck.

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Djsuccess
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Re: Studying Abroad before/during Application

Post by Djsuccess » Thu Dec 26, 2019 10:49 pm

ukiuki wrote:
Thu Dec 26, 2019 1:57 am
Hi all,

I will have had my ILR (via 5-year Tier 2 route) for 12 months in October.

I understand that to apply for citizenship, I need to have held ILR for 12 months, as well as be absent from the UK for not more than 90 days in the last 12 months since receiving ILR.

I am hoping to commence further study (1-2 year Masters degree) abroad, either in August (regular start) or in January (late start).

Scenario 1: Masters degree commencing in August
Would this be allowed? I would be out of the UK for less than 90 days between August and October, but would thus be living outside the UK (but can travel back to the UK just to make the application) at the point of application.
If this is allowed, in addition, would time spent outside the UK after submitting the application count towards the 90 day rule? My concern is that say I am outside the UK only 80 days before submitting the application, but if I were to fly back out of the UK to continue studying while waiting for the naturalization application outcome, that would be over 90 days in total out of the UK.

Scenario 2: Masters degree commencing in January
I would have submitted my naturalization application in October, 3 months before starting in January. However, I would be out of the UK for 1-2 years for the Masters, would this be okay for the naturalization application?

Thank you in advance.
Another option could be that you will include a cover letter with your application explaining that you are on a 2 year study abroad and would return to the UK afterwards. As others have mentioned, you will be leaving the application at the descretion of the caseworker. And could also lead to a delay in treating your application. Having said that, the best option remains getting your naturalisation sorted before going to study abroad.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

ukiuki
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Re: Studying Abroad before/during Application

Post by ukiuki » Thu Dec 26, 2019 11:05 pm

Thank you all for your guidance!

Seems like Scenario 1 might be tricky. How about Scenario 2? Would that be tricky as well, or would that be alright?

In Scenario 2, I would still be in the UK at the point of application (and for a couple of months after) but would be away for a substantial amount of time while my case is probably still pending.

Anambra
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Re: Studying Abroad before/during Application

Post by Anambra » Thu Dec 26, 2019 11:23 pm

ukiuki wrote:
Thu Dec 26, 2019 11:05 pm
Thank you all for your guidance!

Seems like Scenario 1 might be tricky. How about Scenario 2? Would that be tricky as well, or would that be alright?

In Scenario 2, I would still be in the UK at the point of application (and for a couple of months after) but would be away for a substantial amount of time while my case is probably still pending.
Can you not be flexible with the study abroad programme? Can you not defer it for a few months? You could be successful with either scenarios, maybe more so with scenario 2, but there is no guarantee. Be prepared as well to make suitable arrangements for your mail while you are out of the country. You don’t want to miss any letters from the Home Office!

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