Name
Address
Phone Number
Date
Dear Sir/Madam
Re: Application for Citizenship under the Crown Service Rules
I am the spouse of NAME who is a member of HM Forces currently serving on an overseas assignment. He/She naturalised on DATE. In line with para 6.2 and 6.3 of the residence requirements (copied below), I would now like to apply for Citizenship under the Crown Service rules. These rules do not require me to have indefinite leave to enter or remain in the UK.
Taken from Annex B to Chapter 18 (Residence Requirements) of the Nationality
Instructions
6. Spouses/civil partners of British citizens in Crown or designated service
(Section 6(2) cases only)
6.1 Paragraph 4(d) of Schedule 1 provides that where the British citizen spouse/civil partner is in Crown or designated service, and was recruited in the UK for that service (see Chapter 4), the following requirements may be waived:
- the requirement to have been in the UK on a date 3 years before the date of application
- the requirements not to have been absent for more than 270 days in the 3 years ending with the date of application or more than 90 days in the final year
6.2 Criteria for discretion
6.2.1 The discretion may be exercised where the following circumstances apply:
- the applicant is of full age, full capacity and of good character (see Annex A and Annex D)); and
- on the date of application, and while the application is under consideration, the applicant's spouse/civil partner is a British citizen who:
- is serving abroad, or is likely soon to be posted abroad (see 6.2.3 below), in Crown service (see 6.2.4 below) or service designated under s.2(3);
- was recruited to the service in question in the United Kingdom; and
- the marriage has subsisted for 3 years or more on the date of application; and
- the applicant is unlikely, for the foreseeable future, to be able to meet the residence requirements because of the spouse's/civil partners service abroad; and
- the employing organisation certifies that naturalising the applicant would be in its interests in order to avoid difficulties:
- in retaining the services of an essential officer; or
- in enabling an applicant to accompany the officer on a foreign posting; or
of a security nature
NB. If the employing service has not given the information described in c, d, or e above, this should be requested.
6.2.2 Where the marriage has not subsisted for 3 years on the date of application, the employing service should be expected to provide compelling operational or security reasons to justify granting the application. The other requirements of 6.2.1 above should be met.
6.2.3 Discretion should not normally be exercised where the applicant (and/or the spouse/civil partner) has returned to the United Kingdom and a further posting abroad is unlikely to occur in the foreseeable future. In such cases, the applicant should normally be expected to meet the residence requirements.
6.2.4 For the purposes of the discretion mentioned in paragraph 4(d) of Schedule 1,
"Crown service" means: (in respect of applications made before 21 May 2002) Crown
service under the government of the United Kingdom (in respect of applications made on
or after 21 May 2002) Crown service under the government of the United Kingdom or the
government of a qualifying territory (see Annex F to Chapter 6)
6.3 Armed Forces spouses/civil partners
6.3.1 The criteria in paragraphs 6.2.1 c, d and e above may be waived
in the case of an Armed Forces spouse/civil partner who has the citizenship neither of the UK nor of the country to which the couple are (or are likely to be) posted. The employing organisation should be asked what it knows about the applicant's general character and suitability.
6.5 Priority
6.5.1 Priority should be given to applications made by the spouses/civil partners of British citizens in Crown or designated service if a foreign posting is involved.
I have enclosed a letter from the military unit to confirm that we are currently in Crown Service overseas. The unit can be contacted for further details if required.
Yours faithfully
NAME