Post
by hermanthegerman » Fri Oct 04, 2019 8:54 am
This is the relevant section from the handbook. You may want to see if any of the exceptions apply to you:
Where an applicant has spent more than the 450 day 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.
Where the applicant exceeds the permitted absence by 30 days or less you must
exercise discretion unless there are other grounds on which the application falls to
be refused.
Where the applicant has absences of between 480-900 for applications under
section 6(1) of the British Nationality Act 1981, or 300-540 for applications under
section 6(2) and otherwise meets the requirements you must only consider
exercising discretion where the applicant has established their home, employment,
family and finances in the UK, and one or more of the following applies:
• at least 2 years residence (for applications under section 6(1)), or 1 year (for
applications under section 6(2)), without substantial absences immediately prior
to the beginning of the qualifying period. If the period of absence is greater than
730 days (for section 6(1)) or 450 days (for section 6(2)) the period of residence
must be at least 3 or 2 years respectively
• the excess absences are the result of:
o postings abroad in Crown service under the UK government or in service
designated under section 2(3) of the British Nationality act 1981.
o accompanying a British citizen spouse or civil partner on an appointment
overseas
• the excess absences were an unavoidable consequence of the nature of the
applicant’s career, such as a merchant seaman or employment with a
multinational company based in the UK with frequent travel abroad
• exceptionally compelling reasons of an occupational or compassionate nature
to justify naturalisation now, such as a firm job offer where British citizenship
is a statutory or mandatory requirement
Where an applicant’s absences exceed those covered above it is highly unlikely that
discretion would be appropriate. You should normally refuse the application and
advise them to re-apply when they are able to bring themselves with the statutory
requirements, unless there are specific circumstances that warrant exceptional
consideration at a senior level.
