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Absent Days
Posted: Thu Jul 16, 2020 4:13 pm
by Vanessanb23
Hello everyone
I'm a EEU national who's been in the UK for almost 8 years. I already have ILR. I would like to apply for citizenship, however I'm currently on a career break and by the time I go back to the UK, I would have, for the past 5 years, been away from the country for a total of 663 days (a lot more than the 480 days). This career break was agreed by my NHS employer, meaning that I didn't end my contract. Would this make any difference? I could get a letter from the employer explaining that my leave of absence was agreed with them.
And also on the naturalization booklet it's mentioned that for absent days of up to 730 they expect the applicant to have been living in the UK for more than 7 years. Who is this applicable to?
One last question, regarding the English Test. How long is it valid for? On the certificate it's not mentioned and I couldn't find anything on the naturalization booklet.
Many thanks for your help!!
Re: Absent Days
Posted: Thu Jul 16, 2020 4:58 pm
by CR001
Your employer agreeing to a career break is irrelevant.
You have substantially exceeded the absence limit and will likely face a refusal and lose your fee.
The 7 years / 730 days absence is relevant to those who can demonstrate that a substantial part of their personal/financial estate is in the UK. Discretion by HO is rare though.
English tests are valid for 2 years.
Re: Absent Days
Posted: Thu Jul 16, 2020 5:10 pm
by secret.simon
Absence from the job and career breaks is irrelevant to a naturalisation application. A person who has been unemployed for all five years would be eligible for naturalisation provided the person met the absence requirements in the UK. It is absence from the UK, whether employed, on a career break or unemployed, that matters.
Re long absences from the UK, also see Page 16 of the
Nationality policy on Naturalisation as a British citizen by discretion.
Where the applicant has absences of between 480-900 for applications under section 6(1) of the British Nationality Act 1981,...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)),..., 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
Where an applicant’s absences exceed those covered above it is highly unlikely that discretion would be appropriate. You should normally refuse the application and advise them to re-apply when they are able to bring themselves with the statutory requirements, unless there are specific circumstances that warrant exceptional consideration at a senior level.
Keep in mind that you do not get a refund on your fees (except for £80, the citizenship ceremony fees) if your application is refused.
Re: Absent Days
Posted: Thu Jul 16, 2020 5:14 pm
by Vanessanb23
Thank you!
