Residence requirements: 5-year route but spent 468 days outside of the UK

[PerplexedApplicant]

Hi all,

Thank you in advance for any help on this topic.

I am planning to apply for British Citizenship under Section 6(1) of the British Nationality Act 1981 (i.e., the 5-year route), but I have been outside of the UK for 470 days in the last 5 years. I am meeting every other requirement.

For context, I have been living in the UK since September 2010 (so have currently been in the UK for over 13 years) and was granted ILR as part of the EU Settlement Scheme in 2019 (which "proves" that I had been living in the UK for at least 5 years before that date).

The reason for exceeding the absence limits is because I went to my "home country" during the COVID-19 pandemic (in Jun-20) and stayed there for 6-7 months (until Jan-21). I had booked two flights to return within the first week or two from getting to my home country (in Jul-20) but both flights got cancelled. Then I rebooked flights for Oct-20 and Nov-20 which I didn't get (although there were no restrictions at the time - but from Nov onwards travel was not advised) and ultimately returned to the UK in Jan-21. For reference, I was still working for a UK company remotely while being outside of the UK, and was still renting property in the UK (which hopefully shows an intention to return to the UK).

After providing the context above, I am looking for some advice on the following:

1) I understand there is leniency up to 480 days, so firstly I would like to check that, considering I have no other grounds for refusal, would you expect my application to be approved?

2) In the application there is the following question:

"Residence requirements
If you are not the husband, wife, or civil partner of a British citizen, you must have been in the UK for the last 5 years. This is called your ‘qualifying period’.

You must have been in the UK on the first day of your 3-year or 5-year qualifying period
You must not have spent more than 270 days outside the UK during a 3-year qualifying period, or 450 days during a 5-year qualifying period
You must not have been outside the UK for more than 90 days in the last 12 months
You must not have been here illegally in the 3-year or 5-year qualifying period

Do you meet these residence requirements? Yes/ No"

Should answer "No" here? When I answer "No" the following question comes up: "Please tell us which of the requirements you do not meet and the reason you do not meet them:". What should I write here? Should I try to justify the absence during the COVID-19 pandemic considering, for the most time, I could have realistically travelled if I really needed to but chose not to (save for the first couple of flights that got cancelled and the removal of my country from the "travel corridors" from Nov-20 meaning that the advice was to not travel)?

3) Then there is another section in the application that asks the following:

3a) "Special circumstances
Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)? Yes/ No"

Should I answer "Yes" here? When answering "Yes" a box appears that asks for further details. What should I write in it?

3b) "If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application? Yes/ No"

Should I also answer "Yes" here? When answering "Yes" a pop-up box appears that says "Please confirm which requirement(s) you think you fail to meet and what special circumstances should be considered". What should I write in it?

4) Finally, should I provide a cover letter? What information should I include in that letter (e.g., do I mention the COVID absences at all, or do I focus on showing that I have been in the UK for a long time and therefore discretion should be exercised)?

Thank you for taking the time to read all this and appreciate any support on the matter.

[contorted_svy]

Your absences are under the number which is normally disregarded, so there isn't too much to worry about here. I would suggest it is not necessary to explain your whole circumstances to the HO either. Just tick the box saying "Yes" and say you exceed the number of maximum absences, and then quote the guidance saying that up to 480 days in the last 5 years it is normally disregarded.

You will need to make sure you were in the country the day 5 years before your application, so make sure you check your travel schedule from 2019 to comply with that requirement. Your case is fairly common but you are just ove the 450 days threshold and below 480 - so with a short explanation in the form or cover letter there should be no issue.

[PerplexedApplicant]

Hi,

This is reassuring to hear, thank you very much for your response.

I just want to make sure my application is not declined as it is expensive!

[contorted_svy]

That's a fair concern, it is a stressful and expensive application. You can keep asking any further questions in this thread.