Naturalization Application help - Over stay outside UK due global pandemic.

I am wondering if you could please advise. My wife is eligible for Naturalization since she is a wife of British citizen. I wanted to clarify whether I could apply for Naturalization however I am wondering if she doesn't meet the below criteria.

Time you’ve spent outside the UK. To be eligible, you should not have:

spent more than 270 days outside the UK during the 3 years before your application
spent more than 90 days outside the UK in the last 12 months

However, she has spent more than 90 days outside the UK in the last 12 months that is 116 days

I have come across a document which justifies that you could apply for exercise discretion for excessive absences during the final year of the qualifying period

Please see the document issued on 18th December 2020 Page number 17.

https://assets.publishing.service.gov.u ... 7.0ext.pdf

Absences in the final year

There is a paragraph which mentions that Total absences 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:

applicants have demonstrated that they have made this country their home by establishing a home, employment family, property and finances in the UK
the absence is justified by Crown service or by compelling occupational or compassionate reasons, including inability to travel because of a global pandemic

My question is that is t worth applying for naturalization by considering the above or it simply wasting the fees?

Thanks in Advance.

onurdata wrote: ↑

Mon May 31, 2021 7:15 pm

Hi

They will highly likely reject the application I guess. I have seen many cases been rejected because of that. My friend got rejected last year because of that and been told to reapply 2 years later.

My assumption is that the document issued by home office mentions that I we show the reason for being away for so long then I could apply for Naturalization. It was due to Global Pandemic and the applicant got stuck due to lockdown in UK and due to flight cancellation.

Then it is a different case. You did not mention this when you posted.

They might waive it and use discretion.

onurdata wrote: ↑

Mon May 31, 2021 8:24 pm

Then it is a different case. You did not mention this when you posted.

They might waive it and use discretion.

Sorry, I should have mentioned that earlier. Thanks for your reply.

Please see below the travelling dates

28/03/2018 to 16/05/2018 49 Days
08/07/2019 to 16/09/2019 70 Days
08/12/2020 to 03/04/2021 116 Days

She got her ILR last week and I am concerned about the above 116 days.

I wasn't sure whether they will waive it and use discretion. I wanted to make sure I would waste the naturalization fees.

The statement was not too clear that the Total absence is justified by Crown service or by compelling occupational or compassionate reasons, including inability to travel because of a global pandemic.

Can you please let me know list of documents I could provide along with the application to justify so that they use discretion and waive it.

Dear Members

Has anyone applied Naturalization under discretion due to including inability to travel because of global pandemic who have stayed outside UK for more than 90 days in the last 12 Months?

My wife's application is due but she had stayed for 116 days in the last 12 months due to restricted travelling.

Can you please share your experience of your application and what justification you have provided and did you provided any flight cancellation proof and justification in a cover letter?

Is It risky to apply for naturalization whilst above the limits. I am thinking to put forward a good argument but not sure whether they are obliged to exercise discretion in my wife's favor and how likely the application are accepted or rejected?

I anticipate to hear back you Moderators or gurus and also anyone who had experienced the same issue.

Thanks in advance.

I am also in the same situation, around 130days absences in the last 12 months. I wanted to try my luck and apply using discretion because I was unable to come back to the UK from Italy due to covid restrictions. What worries me that if they apply discretion they might ask for official proof (in my case italian covid regulations translated from the time I was unable to come back).

As everything with Home Office it is a gamble.