Immigrationboards.com

hi.
one of my Friend who has PR, he has stayed 105 day outside uk in the last 12 months.
He is going to apply for citizenship on 7/3/2021

he travelled to INDIA on 29 Oct 2020 .he was supposed to return on 5th December but his flight was cancelled by British Airways ( he has proof of return ticket)

Then end of December uk lock down in started. he delayed his flight till the end of Jan 2021 but when he wanted to book a return ticket then the only available ticket to book was 8th of Feb 2021 which he booked. That was cancelled too . He has proof. Then it was rebooked for 10 feb 2021 . In this all scenario he ended up staying 105 days outside The UK.

Just want to know if this would create any issue if he applies for British citizenship in March 2021

thanking in anticipation...

Asg

Hello

The rules are:

- Max 90 days absence during the last 12 months
- Automatic discretion for up to 100 days

Over 100 days, discretion exists but it's not automatic. He needs to demonstrate strong ties to the UK like having family, work or business... etc. If he is on his own in the UK and doesn't work, they probably won't exercise discretion. He would have then to wait 9 - 10 months and apply again as this absence will be partially outside the scope of the last 12 months. This means applying in December 2021 or early 2022. Avoid further absences until then.

Details:
https://assets.publishing.service.gov.u ... 7.0ext.pdf

Page 17

Thanks for the reply on my similar post just now, Zerubbabel. Very useful.

I think if all goes according to plan, we should be returning by a date that would imply that we would have been away for 92-93 days, so should be OK, but the whole situation is still pretty uncertain.

Just out of curiosity, does anyone know anyone that has been successful with more than 100 days through family, work and/or property as per the guidance? Just thinking about plan B if we have to once again delay our return. Just sort of wondering if the fact that she recently switched jobs (with a three week gap in-between) or that we don't have any children (i.e. I'm the only family in the UK) could weaken the case for discretion.

thanks again

Dear gurus. i hope everyone is well.

Could you please read decision attached and let me know if 7 marh 2021 is the right date to apply for citizenship

thanks
as

Hi all. Apologies for bumping this up again.

We ended up spending exactly 100 days outside of the UK because we had to care for my father in law who had undergone surgery. As per the document above, discretion should be exercised automatically.

We are filling in the form and there are two questions on the same page that we're not sure how to answer. these are:

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)?

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?

Should we answer "no" to both questions? and provide the same explanation for each (i.e. reasons for being away for so long and that she is employed in the UK and has set a permanent home here)?

It is a bit vague because as per the document linked above the requirement is met, albeit not "strictly" but consistent with the possible discretion to be exercised.

Thanks as always

@chssvi, you are not the OP of this thread, nor is it clear if you are the friend of the OP being referred to in the first post.

Can you please keep to your own thread please?

@Evicra, what was the date of application for your friend's naturalisation application? And is there a date of decision mentioned on the refusal letter?

OK. I had just posted here because Zerubabbel had replied to my original thread saying that they had posted the response to my question in this thread. I'll ask the question again in mine. Apologies for that