Advice on excessive absence

Hi All.

A little advice from you would be highly appreciated. I've been living in the UK for 6 years now, got my settled status last year, and now I want to apply for citizenship. I comply with all requirements, except for the absence requirements. My total number of absences is excessive (around 510 in the past 5 years). This is mostly due to work related travels (around 80 days, for companies based in the UK) and covid (I was away for around 150 days due to covid to take care of family members). Can I still apply and expect a positive outcome? Would my application be still accepted and discretion exercised (with a good cover letter attached to my application outlining the strong intention of wanting to stay in the UK long term)? To prove that I have my work, finances, home, and family established here, I can prove that I have my work and finances established in the UK, and although I do not own property here, but been renting for a while now and planning to buy a property (I have LISA, etc.). Also, I don't have kids or parents in the UK but I live in a long term relationship and have been planning to get married and have children. Also, I have strong social connections and relationships. Would you think this will be acceptable and my application can be successful?

Thank you all!

No one here can say what the outcome of any application scenario will be.
It appears you have looked into the requirements in detail (https://www.gov.uk/government/publicati ... rom-the-uk) and the only way to find out is to apply, with stating your case. Even if you manage to contact the UKVI call centre they would not give you definite Yes/No advice. Perhaps a board member with similar experience and a positive outcome could comment further.

Thank you for your reply! Yes, I know, and I totally agree that no one will tell me what the outcome will be. To be honect, the reason I posted this is becuase I hoped for any advice or experience, just to see if my case stand a chance at all or I should totally forget about it as it is usually refused.

Jedi66 wrote: ↑

Tue May 17, 2022 8:57 am

Thank you for your reply! Yes, I know, and I totally agree that no one will tell me what the outcome will be. To be honect, the reason I posted this is becuase I hoped for any advice or experience, just to see if my case stand a chance at all or I should totally forget about it as it is usually refused.

Every case is unique, as the circumstances maybe be similar, but forces in play different. Someone else with a similar case would've obviously met a different Case officer.
You're better off waiting till you meet all the criteria before applying. Just hold off with travelling outside the UK for a little bit.

Thank you for your response. Unfortunately, if I want to wait, it would have to be at least 3 more years before the number of days would come down to the 450 level (due to travel with work), so that's why I'm asking if anyone has the experience with similar case as mine. Thank you.

Jedi66 wrote: ↑

Tue May 17, 2022 5:55 pm

Thank you for your response. Unfortunately, if I want to wait, it would have to be at least 3 more years before the number of days would come down to the 450 level (due to travel with work), so that's why I'm asking if anyone has the experience with similar case as mine. Thank you.

What's your absence in the last 12 months?

Last 12 month is around 30-40 days.

Jedi66 wrote: ↑

Wed May 18, 2022 8:03 am

Last 12 month is around 30-40 days.

Then waiting a year and a bit (not three years) would take you significantly closer to 450, provided you restrict your travel during that year as much as possible, wouldn't it?

Again, no one can tell you what to do, and @secret.simon expressed in this post that there might be discretion for business travel, but, it is always best to avoid having to bank on discretion in the first place.

Thank you and I understand. Unfortunately, most of my absences are from the past 2-3 years, so waiting another year or 2 would not make a huge difference. That's why I'm asking you guys and your experiences. My absences were not due to leisure, but mostly work (+ covid), so I'm hoping this could make a good enough case for me to be excercised discretion.

My wife applied (3yr married to British Spouse) and was over the allocated days by a fairly significant amount due to the fact I was on an international assignment in France and we moved the whole family over. We wrote a covering letter to explain, plus I got a letter from my company to back it up and, whilst it was a fairly lengthy process (went over the 6 months) she was finally granted citizenship.

As per the other posters comments, I can't say that this would be the case for you but we did have a positive outcome. I remember that in the covering letter we specifically asked for discretion in this matter. Also backed it up with the usual stuff about estate in UK, children in British education etc.

Hope this helps.

craw19 wrote: ↑

Wed May 18, 2022 1:36 pm

My wife applied (3yr married to British Spouse) and was over the allocated days by a fairly significant amount due to the fact I was on an international assignment in France and we moved the whole family over. We wrote a covering letter to explain, plus I got a letter from my company to back it up and, whilst it was a fairly lengthy process (went over the 6 months) she was finally granted citizenship.

As per the other posters comments, I can't say that this would be the case for you but we did have a positive outcome. I remember that in the covering letter we specifically asked for discretion in this matter. Also backed it up with the usual stuff about estate in UK, children in British education etc.

Hope this helps.

The rules are slightly different for a Spouse of a British citizen, so the above would not necessarily work for those applying in their own right based on 5 years residence.

Jedi66 wrote: ↑

Wed May 18, 2022 9:13 am

Thank you and I understand. Unfortunately, most of my absences are from the past 2-3 years, so waiting another year or 2 would not make a huge difference. That's why I'm asking you guys and your experiences. My absences were not due to leisure, but mostly work (+ covid), so I'm hoping this could make a good enough case for me to be excercised discretion.

Still. Even if you are not able to get it below the 450 mark, I believe requesting to apply discretion to disregard an absence of, say, 470 days, has more chances than to ask discretion to disregard an absence of 510 days.

It would not be unwise to wait as much as it is reasonable feasible before applying.

Thank you so much for your time and your responses.