Author Topic: Have ILR, considering dual citizenship  (Read 662 times)

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Offline larrabee

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Re: Have ILR, considering dual citizenship
« Reply #15 on: March 17, 2017, 01:05:24 PM »
Yes we did and we hadn't lived here for 5 years when she was born. 

Thanks for looking out for me!

Sirius is a good egg.  :)
March 29th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).

Offline Sirius

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Re: Have ILR, considering dual citizenship
« Reply #16 on: March 18, 2017, 12:16:05 PM »
Sirius is a good egg.  :)

Thanks larrabee  :-[

Offline stargazer

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Re: Have ILR, considering dual citizenship
« Reply #17 on: March 19, 2017, 07:57:17 PM »
Is there really no exception made when the person over 18 is abroad for university? If all goes well, we will be able to apply for citizenship when our daughter is 18.  While she may want to go to a UK university anyway, it is a bit upsetting to think that choosing one in the US or elsewhere would mean she couldn't gain citizenship when we do.

Of course, that is over 5 years away, things may change.

Offline ksand24

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Re: Have ILR, considering dual citizenship
« Reply #18 on: March 19, 2017, 08:18:39 PM »
Is there really no exception made when the person over 18 is abroad for university?

This is what the guidance says about absences and what will be overlooked:
Quote
For absences exceeding 730 days (or 450 days for 6(2) applications) we would expect you to have been resident in the UK for the last 8 years (5 years for 6(2) applications) unless the absences were a result of either:
• A posting abroad in Crown or designated service (see section 10). For example, as a member of HM Forces, or as the husband, wife or civil partner of a British citizen serving abroad in Crown or designated service; or
• An unavoidable consequence of the nature of your work. For example, if you are a merchant seaman or someone working for a UK based business which requires frequent travel abroad; or
• Exceptional or compelling reasons of an occupational or compassionate nature such as having a firm job offer for which British citizenship is a genuine requirement.
Only very rarely would we disregard absences in excess of 900 days (540 days for 6(2) applications). If your absences are more than this limit your application is likely to fail and your fee will not be fully refunded.

It doesn't mention anything about university being an exceptional or compelling reason, so I'm not sure if they would consider it.

If she will be 18 when you qualify, could she not just delay going to university until after she has gained UK citizenship? Maybe defer for a year or something?
« Last Edit: March 19, 2017, 08:20:52 PM by ksand24 »

Offline stargazer

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Re: Have ILR, considering dual citizenship
« Reply #19 on: March 19, 2017, 08:42:25 PM »
This is what the guidance says about absences and what will be overlooked:
It doesn't mention anything about university being an exceptional or compelling reason, so I'm not sure if they would consider it.

If she will be 18 when you qualify, could she not just delay going to university until after she has gained UK citizenship? Maybe defer for a year or something?

Yes delaying for a year could work, if she's wanting to go abroad.  But I don't think gap years are so common in the US, and then she'd be a year older than the other first year students.  Not that big of a deal I guess. 

Offline stargazer

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Re: Have ILR, considering dual citizenship
« Reply #20 on: March 20, 2017, 05:15:39 PM »
On this webpage, https://www.gov.uk/government/publications/returning-residents-set09/returning-residents-set-09, it says a bit more about a possible route back. Under point 5 it says more about exceptions to  the rule about not being gone more then 2 years.

'a prolonged period of study abroad by a person who wishes to rejoin the family in UK on completion of studies'

But it's doubtful that she could actually have a citizenship application in the works while abroad. 

Offline ksand24

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Re: Have ILR, considering dual citizenship
« Reply #21 on: March 20, 2017, 05:19:17 PM »
On this webpage, https://www.gov.uk/government/publications/returning-residents-set09/returning-residents-set-09, it says a bit more about a possible route back. Under point 5 it says more about exceptions to  the rule about not being gone more then 2 years.

'a prolonged period of study abroad by a person who wishes to rejoin the family in UK on completion of studies'

But it's doubtful that she could actually have a citizenship application in the works while abroad.

The returning resident visa is extremely difficult to qualify for though - I don't think we've seen a single approval on this forum in the 10 years I've been a member.

There was one girl in a similar position - she moved to the UK as a child with her family and grew up here, then left for university in the US. When she tried to get a Returning Resident visa to move back, it was refused because apparently she didn't have enough ties to the UK... despite having lived here for a number of years and her parents and siblings still living here!


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Offline stargazer

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Re: Have ILR, considering dual citizenship
« Reply #22 on: March 20, 2017, 10:38:00 PM »
The returning resident visa is extremely difficult to qualify for though - I don't think we've seen a single approval on this forum in the 10 years I've been a member.

There was one girl in a similar position - she moved to the UK as a child with her family and grew up here, then left for university in the US. When she tried to get a Returning Resident visa to move back, it was refused because apparently she didn't have enough ties to the UK... despite having lived here for a number of years and her parents and siblings still living here!


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Good to know! That is very strict of them.