Immigrationboards.com

Hi,

I have had ILR since June 2018 and I would like to apply for British citizenship April 2022. But, my absences make me really worried and not sure whether I should make the application or not?

My absences in the qualifying period are technically below the required limit : In the last 12 months, the absencences are 89 days (<90). In the last 5 years, the absences are 406 days (<450).

But, the 2 long absences, 184 days and 89 days make me really worried. they are quite recent and one exceeds 180 days although I am not sure if 180 days rule applicable to nauralisation application or only ILR.

--Do they affect the case worker in terms of residency requirement or intention to stay in UK or are they fine as this is not ILR application?
--Do you think they will bring any complexities or potential refusal to my application? what would you advise?
--In case of refusal of british citizenship application, does it also risk my current ILR due to 1 long absence over 180 days? If it's the case, I really don't want to risk my current ILR.

Since I first moved to UK in 2013, I have been continuosly working with the same employer (no gaps in my employment) and when I made those two absences I was remotely working from abroad for my company in UK and I was paying my rent and bills in UK. So, I can provide P60s, council tax bills, bank statements etc.

In 184 days absence, I was away due to mainly covid related reasons, suporting family etc. and working remotely from abroad and in 89 days absence, I needed to take care of one relative and his loss afterwards


10.2021-01.2022 -89 days
09.2020-03.2021 -184 days
12.2019-01.2020 -24 days
09.2019-10.2019 -25 days
07.2019-08.2019 -20 days
09.2018-10.2018 -33 days
08.2017-10.2017 -30 days
07.2017-07.2017 -1 days
......
......
2013 first arrival in UK (2013- 2018-Tier 2)


I would be really grateful if you give some advices!
Many Thanks

Check the guidance re. absences: https://www.gov.uk/government/publicati ... rom-the-uk.
Note that naturalisation isn't an immigration application and has it's own requirements. There;s no "180 days rule".
The absence limits are 90 days in the last 12 months before the application date. The remainder can be spread over the remaining four years.
Without adding up your numbers it seems you are ok under the naturalisation requirements.

also remember the 5-year rule for naturalisation

alterhase58 wrote: ↑

Sun Feb 27, 2022 11:49 am

Check the guidance re. absences: https://www.gov.uk/government/publicati ... rom-the-uk.
Note that naturalisation isn't an immigration application and has it's own requirements. There;s no "180 days rule".
The absence limits are 90 days in the last 12 months before the application date. The remainder can be spread over the remaining four years.
Without adding up your numbers it seems you are ok under the naturalisation requirements.

Dear alterhase58,

Thank you very much, indeed for your answer. I was so stressed and relieved now.
Assuming I meet all the other requirements, those lengthy absences alone wouldn't be a reason for a refusal.

Do you think I should explain those lengthy absences in a cover letter. For example, there was covid and I needed to take care of an elderly parent etc. but I was working remotely for Uk etc. Or is it better not to mention it at all?

The only worry I have is if they question 184 absences and if they ask any supporting documents why I couldn't return to UK during this period of time, I don't have much documentation to cover the whole period of time. I mean the flights were suspended, but it was for a short time rather than 184 days. So, It was a kind of voluntarily stay to support family as I was able to work from home by the employer.

If they challange, Do you think the following explanation would be enough reason to be away for the case worker without further documents etc and not to consider the lengthy absences as no intention to stay in Uk in the future: Supporting an elderly parent while working remotely for Uk and continuing paying all the bills in Uk etc....?

If facing a really hard case worker and if my application is refused at extreme cases, does it affect or violate my current ILR? Or I only lose the application fee?

Many Thanks.

GeneralGeorgina wrote: ↑

Sun Feb 27, 2022 2:55 pm

also remember the 5-year rule for naturalisation

Thanks GeneralGeorgina for your reply.

Do you mean I should consider if the absences are below 450 in the last 5 year rather than 1 or 2 lenghty absences like alterhase58's advice?

Many Thanks.

Note that your absences are within the limits specified in the guidance.
You don't need to justify why you were away for any number of days as long as you don't exceed the limits.
It would be different if absences were excessive, above the limits. This isn't an immigration application!
What the other poster referred to is the rule that youmust have been present in the UK on the day five years back from the application date.
This is also specified in the guidance (link above).

alterhase58 wrote: ↑

Mon Feb 28, 2022 7:56 am

Note that your absences are within the limits specified in the guidance.
You don't need to justify why you were away for any number of days as long as you don't exceed the limits.
It would be different if absences were excessive, above the limits. This isn't an immigration application!
What the other poster referred to is the rule that youmust have been present in the UK on the day five years back from the application date.
This is also specified in the guidance (link above).

Thank you very much for your time and reply, really helpful