Absent for more than 450 days and resident for 7 years

Hi, I am just wondering if anyone has applied for naturalisation and was accepted where the individual was absent for more than 450 days (in my case 540 days) but has been a resident for the past 7 years and meets all other criteria. Studied and worked my entire professional career in the UK. If anyone was in a similar circumstance, what reasons/formulation have you used in your cover letter to ask for discretion?

You need to show your strong links to the UK (have family here, have a tenancy agreement/mortgage statement, bank statements to show most of your finances are here, and a letter from your employer). This case is included in the guidance, I advise you review it https://www.gov.uk/government/publicati ... accessible

Thank you for your prompt reply and attaching the link. I am ok to provide proof of renting and finances. My question would be relating family, I am single and my entire family lives still in my birth country. It would be pretty difficult to bring them given language barrier and general health condition. I guess I do not have much of a winning point there. With that in mind, would mentioning the intention of settling here with my future family suffice? Are there any other arguments others in a similar circumstance have brought forward?

alfrededgar30 wrote: ↑

Wed Oct 09, 2024 12:10 pm

Thank you for your prompt reply and attaching the link. I am ok to provide proof of renting and finances. My question would be relating family, I am single and my entire family lives still in my birth country. It would be pretty difficult to bring them given language barrier and general health condition. I guess I do not have much of a winning point there. With that in mind, would mentioning the intention of settling here with my future family suffice? Are there any other arguments others in a similar circumstance have brought forward?

Your best bet is to wait until your days outside the country falls within the permitted frame. Naturalisation has a very strict set of rules. Not too many grey areas. You either meet the criteria or you don't.

Most people are resident for 6 years at the minimum. 5 years plus 1 year ILR. They still have to meet the residency. 7 years isn't a big deal to be honest.

alfrededgar30 wrote: ↑

Wed Oct 09, 2024 12:10 pm

Thank you for your prompt reply and attaching the link. I am ok to provide proof of renting and finances. My question would be relating family, I am single and my entire family lives still in my birth country. It would be pretty difficult to bring them given language barrier and general health condition. I guess I do not have much of a winning point there. With that in mind, would mentioning the intention of settling here with my future family suffice? Are there any other arguments others in a similar circumstance have brought forward?

Having family here is not a requirement, per se. If you show that you meet the rest of strong ties to the UK that should work.

As you have resided in the UK 7 years (there is a stipulation that you shouldn't have had massive absences just before the qualifying period starts) if you highlight what I have suggested, as covered in the guidance, that should be enough. Of course the safest bet is to wait for your absences to come down but that may depend on what your future plans for travelling are.

Thank you, both. Finally, is there a quantum for the substantial period? A certain number of days I should be looking to meet for the 2 years prior to the qualifying period?

Unfortunately that is not specified in the guidance. Going on instinct I would say less than 90 days per year, which is the same expectation the HO has during the qualifying period but it is pure speculation.

alfrededgar30 wrote: ↑

Wed Oct 09, 2024 2:08 pm

Thank you, both. Finally, is there a quantum for the substantial period? A certain number of days I should be looking to meet for the 2 years prior to the qualifying period?

I have but my case is that I was away for so long looking after my mum back home and while there applying for an ADR for her then she passed away so I had a strong case.
for Home Office to exercise discretion you have to tick all other criteria and show that in the two years prior to qualification period your travels outside the UK have been normal (holidays, business trips, family visits, etc).
quoting from the guidance:

Where an applicant has spent more than the 450 days for section 6(1) applications, or 270 days for section 6(2) applications, outside of the UK during the qualifying period you must consider exercising discretion if they meet the other requirements.

it also says if you're absent between 480 and 900 days and otherwise meets the requirements officer must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK, AND one or the following applies:
At least 2 years residence without substantial absences immediately prior to the beginning of the qualifying period.

this thread here has all the info about my discretion request and the letter I wrote (as an example)
https://www.immigrationboards.com/viewt ... p?t=344898