British Citizenship application while working abroad

[tripaths]

Hi,
I live in UK for last 10 years with my Mrs and a 4 yr old. We got our ILR last year (Nov 2021) and currently hold Indian passports. Both myself and Mrs are in permanent jobs with decent salaries and own a house in UK. We will be eligible for British citizenship in Nov 2022.
I have got a job offer in Switzerland which I would like to pursue for few years but do not want to lose on my British Citizenship. As the whole process of citizenship, passport change, Swiss work visa can take several months, I think I will have to wait atleast till Mar 2023 to arrive in Switzerland with British passport. I would like to leave early - say in next 6 months - so what are my options ?
This is what I'm thinking as of now - Leave for Switzerland in 6 months on Indian passport (would have completed 9-10 months on ILR in UK), while Mrs and child stays back. I keep travelling each month to UK, if not more. Over next 6 months they get their British passports, and hopefully I will be eligible to apply as well while working from Switzerland.
Please advise if this makes sense. I'm happy to hire an immigration lawyer who can help me with the citizenship applications and advise.
Regs

[kamoe]

You are expected to make the UK your main residence after becoming a British citizen. Evidence of the contrary (e.g. your main paying job and residence is in Switzerland) will lead to a refusal of your application, no matter how many frequent trips to the UK you make to make it look otherwise.

Take a look at this: https://freemovement.org.uk/naturalisin ... ive-in-uk/

[tripaths]

Thanks for sharing the article. It says that you can be eligible for citizenship if your spouse has one, if certain conditions are met per section 6(2) which I am struggling to understand completely. Also, the whole point of the exercise is that I see the role in geneva as a temporary one, a step on corporate ladder, and plan is to be back in UK in few yrs. Will my ILR stay valid if I continue to spend 1-2 months in UK for next say 2 years? Thanks
.........
Naturalisation as a British citizen under section 6(2)
3Subject to paragraph 4, the requirements for naturalisation as a British citizen under section 6(2) are, in the case of any person who applies for it—

(a)that he was in the United Kingdom at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 270; and

(b)that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and

(c)that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

(d)that he was not at any time in the period of three years ending with the date of the application in the United Kingdom in breach of the immigration laws; and

[kamoe]

It says that you can be eligible for citizenship if your spouse has one, if certain conditions are met per section 6(2)

No, that's not what it says.

It says that the requirement to make the UK your main residence is waived if you are applying for naturalisation as the spouse of a British citizen, in which case, Section 6(2) of the British Nationality act does not require you to make the UK your main residence. The text you are quoting does not refer to the applicant's spouse, but to the applicant themselves if they are the spouse of a British citizen, and does not stipulate the UK main residence requirement, only the other usual residence and physical presence requirements.

But since you say you all have Indian passports, I gather you are not applying as the spouse of a British citizen? If so, then none of this applies to you and you still need to comply with the requirement of making the UK your main residence.

[kamoe]

Will my ILR stay valid if I continue to spend 1-2 months in UK for next say 2 years?

According to freemovement.org.uk, it appears this would be the case. They say:

Returning to the UK for even a day would stop the loss of ILR, but you would have to know about the law in the first place in order to do that. Many people in possession of indefinite leave to remain assume it is what it says on the tin; it isn’t.

BUT that does not mean doing so is necessarily a good idea. Your ILR might be put into question every time you pass border control. Read some senior member's previous takes on this:
indefinite-leave-to-remain/ilr-queries- ... s#p1768198
indefinite-leave-to-remain/work-permit- ... l#p1481229

Furthermore, leading such a lifestyle will definitely mean you will not meet the residence requirements for naturalisation when you come back to the UK (you can be up to 450 days out of the UK in the immediately previous 5 years, and 90 days in the previous year prior application); and you would need to wait at least a year (or two, depending on previous accrued absences) where you maintain ordinary UK residence and meet these conditions, before you attempt a naturalisation application.

[kamoe]

the whole point of the exercise is that I see the role in geneva as a temporary one, a step on corporate ladder, and plan is to be back in UK in few yrs.

The onus is on you to prove this. Not being the spouse of a British citizen, moving to Switzerland for work pretty much means you and your family will no longer have strong ties with the UK. I doubt that simply saying "I'll be back" is going to cut it, because there is simply no way to prove the future.

[tripaths]

Thanks very much for your detailed replies.
Eligibility on the grounds of Spouse Citizenship was based on my assumption that family will stay back and apply for British citizenship before moving to Switzerland. But looks to me that not worth the risk and hassle.
I am planning to join my potential employer's UK office and travel occasionally until BC is sorted. Two related questions.
1. How many days can I stay outside UK in the 12 month period bw ILR and BC application.
2. How much time the BC application can take to complete after you apply.

[kamoe]

Eligibility on the grounds of Spouse Citizenship was based on my assumption that family will stay back and apply for British citizenship before moving to Switzerland.

For which they would be required to establish their UK as main residence themselves after obtaining citizenship, which would not be true, as their intention would be to join you in Switzerland in the short term. Failure to declare this would amount to deceiving the Home Office. Also, the fact that you are not applying for citizenship at the same time or around the same time might be questioned.

1. How many days can I stay outside UK in the 12 month period bw ILR and BC application.

90 days.

2. How much time the BC application can take to complete after you apply.

Officially it can take up to 6 months. But each case is different. I've heard of people getting approval within a month, others waiting much more than 6 months.