Final year absences 104 - pandemic discretion
Posted: Fri Aug 06, 2021 10:10 am
Hello, is it advisable to send the naturalisation application with 104 days absences in the final year? I was planning to justify the additional 4 days due to pandemic restrictions that were in place in Italy back in December '20 and March '21.
They are just 4 days so ideally I would have to wait to go below 100 so I can avoid the discretion route but I am going on holiday so I'll add up additional 8 days so will have to wait some more until beginning of September.
According to naturalisation by discretion guide :
You must only exercise discretion for excessive absences during the final year of the
qualifying period under section 6(1) if the future intentions requirement is met. Where
the applicant is applying under section 6(2) or has met the future intentions
requirement the following will apply. Total absences:
• of 100 days or less; exercise discretion
• between 100 and 180 days, where the residence requirement across the
qualifying period is met – discretion is only appropriate where the applicant
demonstrates strong links through the presence of family, employment and
their home in the UK
• of more than 100 days but not more than 180 days where the residence
requirements over the full qualifying period are not met - consider exercising
discretion if both the following apply:
o applicants have demonstrated that they have made this country their home
by establishing a home, employment family, property and finances in the UK
o the absence is justified by Crown service or by compelling occupational or
compassionate reasons, including inability to travel because of a global
pandemic
Also this contradicts a bit the future intention requirements :
Principal home in the UK
If applicants say their intention is to have their principal home in the UK, you should
accept that they meet the requirement if they:
• meet the residence requirements, without the need to exercise any discretion
over excess absences other than up to 30 day
I will definitely meet the residence requirements over the full qualifying period so I am not sure if I can play the "pandemic card". Also, I am an unmarried partner, I don't own a home but I am in full time employment and all my finances are here in the UK.
Thanks any feedback is appreciated
They are just 4 days so ideally I would have to wait to go below 100 so I can avoid the discretion route but I am going on holiday so I'll add up additional 8 days so will have to wait some more until beginning of September.
According to naturalisation by discretion guide :
You must only exercise discretion for excessive absences during the final year of the
qualifying period under section 6(1) if the future intentions requirement is met. Where
the applicant is applying under section 6(2) or has met the future intentions
requirement the following will apply. Total absences:
• of 100 days or less; exercise discretion
• between 100 and 180 days, where the residence requirement across the
qualifying period is met – discretion is only appropriate where the applicant
demonstrates strong links through the presence of family, employment and
their home in the UK
• of more than 100 days but not more than 180 days where the residence
requirements over the full qualifying period are not met - consider exercising
discretion if both the following apply:
o applicants have demonstrated that they have made this country their home
by establishing a home, employment family, property and finances in the UK
o the absence is justified by Crown service or by compelling occupational or
compassionate reasons, including inability to travel because of a global
pandemic
Also this contradicts a bit the future intention requirements :
Principal home in the UK
If applicants say their intention is to have their principal home in the UK, you should
accept that they meet the requirement if they:
• meet the residence requirements, without the need to exercise any discretion
over excess absences other than up to 30 day
I will definitely meet the residence requirements over the full qualifying period so I am not sure if I can play the "pandemic card". Also, I am an unmarried partner, I don't own a home but I am in full time employment and all my finances are here in the UK.
Thanks any feedback is appreciated