Absences fom UK

Hi Gurus,

It has been a while since i've posted on here here. I am in the final stages -fingers crossed.

I am writing re the absences from the UK - I satisfy the criteria for the 5 year period. But unfortunately I have spent 111 days out in the last 12 months. Is it worth submitting an application at the moment under the discretion clause or is it better to wait a few months until I am under the 90 days ?

I would say wait till you bring your absences in the last 1 year to at least less than 100 (it is normally disregarded).

If you have anything over 100 in the last 1 year, you have to meet additional requirements.

Ideal situation would be to wait till you meet the requirements less than 90 days.

If you have been outside UK due to pandemic delays, you could have a stronger case in case you decide to apply having 90+ absences.

https://assets.publishing.service.gov.u ... ber_20.pdf

Hi Cullinan,

Many thanks for your prompt response. I have indeed seen and read the guidance you sent across, that is how I learned that there was a discretion clause for absences between 101-180 days. The discretion clause stipulates that I have to demonstrate strong links with the UK alongside the future intentions requirement.

I was traveling on business and one of the people I was with tested positive for Covid, so naturally I had to self isolate for 2 weeks and test negative before I was able to board a flight to the UK. While I know that there is an area in the application form where I can explain this I cannot exactly prove it.

Having said all of that, I am leaning more towards applying later when my absences are between 90-100 days to avoid any excuse for a refusal.

annoyedatukba wrote: ↑

Tue Mar 30, 2021 6:22 pm

I am leaning more towards applying later when my absences are between 90-100 days to avoid any excuse for a refusal.

And that is also a valid choice.

You are not obliged to apply for British citizenship at the earliest possible opportunity. You can wait until you meet the requirements without asking for discretion.

Hi secret.simon

I know that I can apply, get a refusal and then reapply again later. But that would be silly, a waste of time and money. I would rather wait and apply when everything is in order to avoid any unnecessary delays / refusals.

Thank you for your advice and support.