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Naturalisation with one year gap
Posted: Sun Feb 02, 2020 8:46 pm
by vegas_dc
Dear members,
I need your help to understand if I am in a good position to apply for British citizenship. I have been living in UK since 2010, before as a student (until 2014) and then as a worker. I am an EU citizen and obtained my settled status last year. I would like to apply for the British citizenship, but I spent roughly one year out of the UK (2017) due to serious health reasons and had to go back to my home country where my family live (I was diagnosed with advanced cancer and needed urgent treatment and a full time carer). Apart from this gap, I do not have any relevant absences and meet all other requirements. Summing all my absences in the last 5 year I am around 550-580: I live with my long-time girlfriend, we rent a place together and all my finances are in UK.
Do you think I have good chances to apply for discretion for compassionate reasons or better wait? Of course I would provide a letter from my consultant stating I was having treatment and my health was not good enough to travel back to Britain and all documentation proving the absences were due to exceptional reasons.
Many thanks in advance for your help,
Daniel
Re: Naturalisation with one year gap
Posted: Mon Feb 03, 2020 8:19 pm
by vegas_dc
nobody can help?
Re: Naturalisation with one year gap
Posted: Thu Feb 06, 2020 8:58 pm
by vegas_dc
guess none can help here
Re: Naturalisation with one year gap
Posted: Thu Feb 06, 2020 10:36 pm
by secret.simon
See Page 16 of the
Nationality policy: Naturalisation as a British citizen by discretion document.
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.
You will see that you not only need "extremely compelling reasons" of a compassionate nature, but also need a justification of why the naturalisation needs to be done now and why it can't wait.
Re: Naturalisation with one year gap
Posted: Fri Feb 07, 2020 12:33 am
by vegas_dc
thank you! forgetting the compassionate reasons, what about if I apply for discretion considering my absences are below 730 and I have been living in UK since 2010 (as a worker from 2014)? Don't have any other big gap and my job, finances and belongings are in UK.
Would I have good chances to get BC or HO would probably reject it? Similar experiences would be very much appreciated.
Re: Naturalisation with one year gap
Posted: Sat Feb 08, 2020 10:45 pm
by secret.simon
vegas_dc wrote: ↑Fri Feb 07, 2020 12:33 am
what about if I apply for discretion considering my absences are below 730 and I have been living in UK since 2010 (as a worker from 2014)? Don't have any other big gap and my job, finances and belongings are in UK.
You can certainly make an attempt. Be sure to include a detailed cover letter stating the grounds of claiming discretion and if you are relying on the extra years, be sure to include a list of absences in that period, even if it is not mentioned in the form. Indeed, I would suggest including a list of all absences since your arrival in the UK.
Keep in mind, of course, that discretion is precisely that and that you could still get refused.
Re: Naturalisation with one year gap
Posted: Sun Feb 09, 2020 10:59 am
by vegas_dc
secret.simon wrote: ↑Sat Feb 08, 2020 10:45 pm
vegas_dc wrote: ↑Fri Feb 07, 2020 12:33 am
what about if I apply for discretion considering my absences are below 730 and I have been living in UK since 2010 (as a worker from 2014)? Don't have any other big gap and my job, finances and belongings are in UK.
You can certainly make an attempt. Be sure to include a detailed cover letter stating the grounds of claiming discretion and if you are relying on the extra years, be sure to include a list of absences in that period, even if it is not mentioned in the form. Indeed, I would suggest including a list of all absences since your arrival in the UK.
Keep in mind, of course, that discretion is precisely that and that you could still get refused.
Thank you very much. I was thinking I am currently living with my long-term girlfriend in a rented place (we have been living together for few years now). Will HO be inclined to consider it as being settled?