In order to naturalise as a British citizen, the applicant must meet certain requirements. One of them is the ‘intention to continue living in the UK’ requirement.
What is the intention to continue living in the UK requirement?
This requirement means that the applicant intends for their principal home to be in the UK, and intends to continue living in the UK following naturalisation. This requirement applies to all applicants who wish to naturalise as British citizens, except for those who are married to or are in a civil partnership with a British citizen. They do not need to satisfy this requirement.
How does an applicant meet this requirement?
To meet this requirement, a good step in the right direction would be for an applicant to meet the absence requirement, which is part of a naturalisation application. The applicant should not have been absent from the UK for more than the permitted period. For applicants applying to naturalise under the 5-year route, the total amount of days absent from the UK should not exceed 450 days in the 5-year period immediately preceding the date of the application, and 90 days in the 12-month period immediately preceding the date of application. There is discretion to disregard absences in excess of the limits in some exceptional circumstances.
The Home Office generally accepts an applicant’s word when it comes to this requirement, especially if they meet the absence requirements, have a property and established home life in the UK, and are not planning to spend more than 6 months outside of the UK at any point. The Home Office will take into account any information that might affect this intention, such as planning to spend a significant amount of time away from the UK or moving to another country altogether.
How can we help?
Gherson’s Immigration Team are experienced in naturalisation applications. Please do not hesitate to contact us to discuss your options, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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