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More than 450 days outside Uk..!!

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

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tejalondon
Newbie
Posts: 38
Joined: Thu Dec 15, 2016 3:12 pm

More than 450 days outside Uk..!!

Post by tejalondon » Mon Sep 26, 2022 4:58 pm

HI,

I am on ILR since 2018, living here since 2009.
Been outside of uk for more than 450 days during covid. 535 days to be precise.

came back to Uk in september 2021, as the 450 days rule is broken, do i have to wait until 2026 to apply for naturalization..?

Please advise. Thank you.

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contorted_svy
Respected Guru
Posts: 1638
Joined: Fri Aug 05, 2022 5:10 pm
Italy

Re: More than 450 days outside Uk..!!

Post by contorted_svy » Mon Sep 26, 2022 5:31 pm

Read the guidance for discretion (page 17 here https://assets.publishing.service.gov.u ... retion.pdf )

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
• the applicant was prevented from being in the UK because they had been
removed from the UK, and the decision to remove them was later overturned
• the applicant was incorrectly prevented from resuming permanent residence in
the UK following an absence
• the excess absences were because the applicant was unable to return to the
UK because of global pandemic
If you can provide proof you established your home in the UK (eg you have bought a house, you work here, you provide evidence fo your family living here) and you can prove that you couldn't come back to the UK due to the pandemic you can ask for discretion explaining it in the cover letter.

The alternative is to wait until your absences fall below the 450 days (you need to apply on a day that you physically were in the UK).
All advice comes from personal research and experience and should not be regarded as professional opinion.

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