UK Citizenship - do I really need to wait?

June 24, 2009 12:58 PM

UK Citizenship: has anyone successfully dealt with protracted absences during their qualifying period?

After the response to this question (thanks guys!) and lots of thought on the topic, I've decided to go ahead and apply for UK citizenship. As I've been living in England since 1997 and received Indefinite Leave to Remain in 2001 my residence requirement has long been fulfilled.

But I've run into a problem with time spent abroad. Specifically, for several years I spent weeks at a stretch working outside of England, the bulk of this time being spent on the ground in Africa (mostly countries in the Sub Saharan region but also Egypt) and The Middle East (some of the more exciting places). The problem is constraints on applying for UK citizenship note that while absences of up to 540 days are acceptable, I've exceeded that threshold.

For the past year I haven't been traveling (with the exception of odd weekends in Amsterdam) as I've taken a sabbatical from banking to complete my MBA, so while I realise the problem will rectify itself over time I'm concerned about possible changes in the government in general, and how they'll treat immigrants specifically, especially so long term, "non doms" like myself. So as I'd to begin the process as soon as possible, I'm curious if anyone else has successfully applied for UK citizenship under the condition of protracted absence from England?

I've noticed several law firms claim to be able to progress your application in spite of this absence, but are they really doing anything that I couldn't do myself?

It seems the Home Office makes several notes about establishing your home, family and a large part of your estate here, but what specifically do they mean? I already own a flat in Central London (E1, Whitechapel, where Mrs Mutant & I live), but if I were to purchase another flat or a place at the beach would that suffice on the estate front?

FWIW, I can show extensive ties to England far exceeding real estate ownership e.g., I have taken two Masters degrees here, am active in UK politics and have taught at the Masters level at UK Universities since 2003.

In fact my roots are stronger here than they currently are or ever were in The United States. I like it here. I don't like it so much in The United States. So I'd like to apply now as opposed to waiting almost another year.

Any suggestions?

posted by Mutant to law & government (5 comments total)

(Caveat: I know absolutely nothing about this) Do you actually own property elsewhere? Presumably having the "majority of your estate" is an explicit clause put in to stop people from just buying a flat in London in order to show residency, but continuing to maintain their chateau in Argentina (or whatever). If the flat is all the property you own on the other hand, then surely the majority question is satisfied by default.

Of course, immigration rules don't have to make any sense...
posted by pharm at 2:30 PM on June 24

Mutant - 'estate' doesn't mean 'real estate' - it means assets (which includes, of course, real estate, but refers to all types of assets - both liquid and illiquid).

As for the rest of your question, what I know about immigration law you could write on the back of a stamp and still have room for the Complete Works of Shakespeare, so I'll shut up now.
posted by essexjan at 2:37 PM on June 24 [1 favorite]

I would call up the law firms who are offering to help with this situation and ask them just what they can do that an individual can't - get them to sell themselves to you. If it's convenient for you go down to see one of them and do an intro interview with the solicitor/lawyer (which in a normal practice would be no cost to you although it's possible you're looking at 'legal factories' in this area).

FWIW (not much) having dealt with other Immigration Authorities I'm not sure that having obtained degrees in the UK or having held a job in the UK will cut much ice when it comes to bending the rules.

Regarding the use of the word 'estate' seconding essexjan on that one.
posted by southof40 at 3:15 PM on June 24

I am going to second southof40s's suggestion; specifically you should give the information above to one or more immigration lawyers and ask them:
1. Is there a way round this?
2. If so if it something you could do yourself or would it be better with their help (why?)
3. If it could only be done with their help then how much is it likely to cost you.

[I was at my wife's citizenship ceremony today. We met a lady there who had decided to apply after over 50 years of living in the country (she had arrived as a child) - we were laughing about the fact that she had to go through the same rigmarole of testing and passport tracking. One minor shock at the end of the ceremony, for us, was that after several hundred £ in admin fees and a large amount of time completing forms the payback turned out only to be a certificate saying "you are now a citizen" and a souvenir mug from our local authority. If you want an actual PASSPORT then you have another form to fill in, possibly another interview, another fee to pay and a wait of up to 6 weeks during which time the authorities will have your US passport thus preventing you from traveling abroad.]
posted by rongorongo at 4:02 PM on June 24 [1 favorite]

Have you asked this question at UK-Yankee visa and citizenship forum?? The actual forum advice is not always accurate, but they will find you a decent expert right quick, and many working immigration advisers are highly active on the site.
posted by By The Grace of God at 5:23 PM on June 24 [1 favorite]