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179 days absence in last 12 months because of Covid-19

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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bubbly123
Member
Posts: 161
Joined: Tue May 20, 2014 12:15 pm

179 days absence in last 12 months because of Covid-19

Post by bubbly123 » Fri Sep 10, 2021 12:02 pm

Dear Gurus,
I am eligible to apply for Naturalisation but I, was away from UK for 179 days. I, got stuck in India because of Covid-19 pandemic and I have evidence. Will I get discretion for my absence. I have strong ties in UK with property, kids born in UK and going to school. I have full time employment in the UK for past four years. Please help me.

magicsign
Junior Member
Posts: 84
Joined: Mon Jan 13, 2020 4:22 pm
Italy

Re: 179 days absence in last 12 months because of Covid-19

Post by magicsign » Fri Sep 10, 2021 9:18 pm

Be aware of these constraints from Home Office guide :

of 100 days or less; exercise discretion
• between 100 and 180 days, where the residence requirement across the
qualifying period is met – discretion is only appropriate where the applicant
demonstrates strong links through the presence of family, employment and
their home in the UK

• of more than 100 days but not more than 180 days where the residence
requirements over the full qualifying period are not met - consider exercising
discretion if both the following apply:
o applicants have demonstrated that they have made this country their home
by establishing a home, employment family, property and finances in the UK
o the absence is justified by Crown service or by compelling occupational or
compassionate reasons, including inability to travel because of a global
pandemic

Point is, if you are fine taking the risk the case worker will exercise discretion but the outcome might not be in your favour. Ideally you would wait until your absences in the final year go below or equal to 100

bubbly123
Member
Posts: 161
Joined: Tue May 20, 2014 12:15 pm

Re: 179 days absence in last 12 months because of Covid-19

Post by bubbly123 » Sat Sep 11, 2021 5:04 pm

@magicsign Thank you so much for suggestion.
Is there any other member gone through the same situation. Please shed some lights.
Kind Regards

bubbly123
Member
Posts: 161
Joined: Tue May 20, 2014 12:15 pm

Re: 179 days absence in last 12 months because of Covid-19

Post by bubbly123 » Tue Sep 14, 2021 1:14 am

@cr001,@secret.simon any suggestion please. I was away 179 days in the last 12 months. I live in the UK for the past 11 years and own a property, and kids in school and into full time employment. Is there any chance I can proceed with my application.
Please kindly advice.
Regards.

secret.simon
Moderator
Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: 179 days absence in last 12 months because of Covid-19

Post by secret.simon » Tue Sep 14, 2021 1:34 am

If you meet all the other requirements, including absences in the five year period, etc, I think discretion will likely be exercised.

As I mentioned in my earlier post on a similar case, give an explanation of why discretion should be exercised (i.e. why you can't wait for three months, by which time you would meet the requirements).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

bubbly123
Member
Posts: 161
Joined: Tue May 20, 2014 12:15 pm

Re: 179 days absence in last 12 months because of Covid-19

Post by bubbly123 » Tue Oct 26, 2021 8:53 pm

@secret.simon thank you very much for your reply. I will complete 3 months on the 15th of November can I apply after that? Because the absence allowed is 90 days in last 12 months. How can I apply waiting for 3 months. Please explain.
Thank you

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alterhase58
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Joined: Thu Aug 25, 2016 11:02 pm
Location: UK Bucks
Germany

Re: 179 days absence in last 12 months because of Covid-19

Post by alterhase58 » Tue Oct 26, 2021 10:06 pm

bubbly123 wrote:
Tue Oct 26, 2021 8:53 pm
@secret.simon thank you very much for your reply. I will complete 3 months on the 15th of November can I apply after that? Because the absence allowed is 90 days in last 12 months. How can I apply waiting for 3 months. Please explain.
Thank you
If you have reduce the number of days to around 90 yes then you can apply without having to provide additional explanations and relying on caseworker discretion. Not sure what you mean by "How can I apply waiting for 3 months." - you can apply anytime after you are eligible.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

bubbly123
Member
Posts: 161
Joined: Tue May 20, 2014 12:15 pm

Re: 179 days absence in last 12 months because of Covid-19

Post by bubbly123 » Sat Oct 30, 2021 7:16 am

Thank you so much for your reply.
I was out of the country from 15/02/2021 to 15/08/2021. Can I apply around June 2022. Please let me know.
Kind Regards

scottng8888
Newly Registered
Posts: 3
Joined: Thu Nov 04, 2021 8:34 am
Hong Kong

Re: 179 days absence in last 12 months because of Covid-19

Post by scottng8888 » Thu Nov 04, 2021 8:57 am

bubbly123 wrote:
Sat Oct 30, 2021 7:16 am
Thank you so much for your reply.
I was out of the country from 15/02/2021 to 15/08/2021. Can I apply around June 2022. Please let me know.
Kind Regards
well if you plan to delay applying until June. Id rather wait 2 more months... and so you meet the while final year staying in the UK requirement...And that also allows you to go on holiday during the year.

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