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Excessive absence from UK soil - Opinion needed

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

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Flowflex
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Excessive absence from UK soil - Opinion needed

Post by Flowflex » Sun Sep 18, 2022 5:57 pm

Hello,

I'm a EU national who's had Settled Stattus/IRL for over one year. My situation is as follows:

- My qualifying period has about 1300 of absence from UK soil in the last 5 years, due to work/career requirements. :oops:

- By the time I plan to apply, the days of absence in the last 12 months would be only 74 (so less than 90)

- A good 400 of those 1300 days fall under the fullblown pandemic period: the country I needed to be in (not in the EU, but in the EEA) would have made it difficult for me to re-enter, as I was not a resident there. It was my only client at the time, my only source of income, so I had to hold on to it for dear life, especially as the world was halted by the pandemic (total panic, no end in sight). I'd be in the 900 territory of these could be disregarded...

- I've been back to being stable in the UK since April 2021, but I've had a UK address at all times in the qualifying period.

- Prior to my qualifying period, I have a good period of presence in the UK from Dec 2015 to August 2017 (living, renting, opened my limited company, minimal travel abroad). I've been told the two years before the beginning of the qualifying period can help in case of absences in the qualifying period.

- Even before that (but basically, another life), I was a uni student and working professional in the UK from 2005 to 2011 (this is the period that gave me the settled status, because I unknowingly kept that streak "alive" by coming back to the UK at least once every 2 year or so)

I'd like an opinion about my odds of being accepted. :oops:

Thanks

Flowflex
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Re: Excessive absence from UK soil - Opinion needed

Post by Flowflex » Sun Sep 18, 2022 6:12 pm

Apologies, after a check on the maths, my days of absence are closer to 1200 and without the two largest absences under corona, I would be below 900.

Many thanks to anyone who could provide feedback.

secret.simon
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Re: Excessive absence from UK soil - Opinion needed

Post by secret.simon » Sun Sep 18, 2022 6:48 pm

The two questions that you need to answer are;
(a) What is the imperative for you to be given the British citizenship disregarding the rules? As a person with settled status, you have almost all the abilities of a British citizens when it comes to residing and working in the UK. You don't need British citizenship for any of that.
Essentially, give the Home Office a reason for exercising discretion to disregard the rules.
(b) Can you prove that you have established your main home in the UK? That would include factors like your savings, family, etc being in the UK.
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.

Flowflex
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Re: Excessive absence from UK soil - Opinion needed

Post by Flowflex » Sun Sep 18, 2022 8:52 pm

Hi, thanks.

1) Clearly, no imperative.

2) Yes.To this day I don't even have a bank account in the country I was born and raised in. Effectively, I came of age and became a fully functioning adult in the UK.

Flowflex
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Re: Excessive absence from UK soil - Opinion needed

Post by Flowflex » Sun Sep 18, 2022 8:59 pm

1) I might argue that being a UK national might allow me to be contracted for work with certain governmental agencies.

secret.simon
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Re: Excessive absence from UK soil - Opinion needed

Post by secret.simon » Mon Sep 19, 2022 9:12 am

Flowflex wrote:
Sun Sep 18, 2022 8:59 pm
1) I might argue that being a UK national might allow me to be contracted for work with certain governmental agencies.
I think that may require you to have such a job offer in hand to make that argument.
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.

Flowflex
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Re: Excessive absence from UK soil - Opinion needed

Post by Flowflex » Mon Sep 19, 2022 11:16 pm

Makes sense.
What about wanting to be a fully fledged citizen, to vote and the like? I've already missed the possibility of being a subject of the late Queen Elizabeth II...

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contorted_svy
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Re: Excessive absence from UK soil - Opinion needed

Post by contorted_svy » Mon Sep 19, 2022 11:25 pm

I think that's what a bunch of us wants, but it's not a compelling reason for the home office to grant it. Acquiring citizenship is a privilege.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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Ticktack
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Re: Excessive absence from UK soil - Opinion needed

Post by Ticktack » Tue Sep 20, 2022 10:16 am

Flowflex wrote:
Mon Sep 19, 2022 11:16 pm
Makes sense.
What about wanting to be a fully fledged citizen, to vote and the like? I've already missed the possibility of being a subject of the late Queen Elizabeth II...
It almost like your tossing a plate of spaghetti on the wall and seeing what sticks. If you were on the other side of the table and someone sends in an application with your current excuses, would you approve it?

Just wondering!

Don't forget that these guys take pride in their jobs, and see themselves as the last defence of the country. No time for sentiments!
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Flowflex
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Re: Excessive absence from UK soil - Opinion needed

Post by Flowflex » Tue Sep 20, 2022 8:25 pm

"If you were on the other side of the table and someone sends in an application with your current excuses, would you approve it?"

I guess we are speaking hypothetically now, but I think the requirement for days on the soil is a bit silly when I've been a tax resident all this time. I mean I was paying tax like everybody else while consuming way less services by not being here. I'm a bargain...

And don't get me started on language qualifications... How does B1 make you a fully integrated member of society god only knows...

But anyway, you have spoken your mind clearly, thank you!

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