Clarity wrote: ↑Thu Jun 20, 2024 8:45 am
Can he complete his registration for naturalisation in spite of the absence from the U.K. or must he start the whole process again.
The most important question is, how long has he been away?
If he has been away for more than 90 days after his naturalisation was approved, the local council where he resided (which would have been where he would have to take the oath) would have returned his naturalisation certificate to the Home Office and he would need to make a fresh naturalisation application to the Home Office.
If he has been absent from the UK for more than two continuous years, his ILR may have expired and he may not be eligible to apply for naturalisation (ILR-Indefinite Leave to Remain-is a prerequisite for naturalisation)
Depending on how long he has been aware, he may have difficulty meeting the naturalisation requirements. Keep in mind that the naturalisation requirements count backwards from the date of application. He need to meet the three absence requirements again.
(a) No more than 270 days in the three years immediately preceding the date of naturalisation application,
(b) No more than 90 days in the year immediately preceding the date of naturalisation application,
(c) Being physically present in the UK at the start of the three year period immediately preceding the date of naturalisation application (as an example, if he were to apply today, he'd have to be physically present in the UK on 21st June 2021).
Just to clarify, the above are requirements for the spouse of a British citizen.
As for taking the oath abroad at an embassy, that is generally reserved for those who are entitled to register as a British citizen, generally because of historical discrimination (such as descent through a woman or outside of marriage not being recognised in the past, etc).
For naturalisation, which is always a discretionary application (i.e. there is no entitlement), the application needs to be made while the person is in the UK and the citizenship ceremony needs to be done in the same place where the application was submitted (i.e. in the UK). He will need to attend the citizenship ceremony at the local council where he resides.
And while he is free to travel outside the UK while the application is being considered, if the caseworker finds out either that he was absent from the UK at the time of submission of the application or that he was soon going to be absent from the UK for a period exceeding six months, the application can be refused without a refund.
Finally, it may be wise to apply for a first British passport while he is in the UK too. Making a first british passport application from abroad may cause complications and delays.
The purpose of granting British citizenship via naturalisation is that the applicant/new British citizen intends to live in the UK, no go gallivanting overseas immediately before or after the naturalisation
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.