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ILR to BC with 730 days of absence

Posted: Mon Jun 20, 2022 7:49 pm
by adi27
Hello,

I'm holding a valid ILR since June 2019 and was due to apply for BC in mid 2020 during which COVID pandemic began and I got stuck abroad for nearly 2 years. I have a proof of my return flight cancellation in 2020 but I could not get back to UK until March 2022 mainly due to the pandemic although the flights resumed operations at a later stage. My long absences from UK in last 5 years were from 14 Mar 2020 until 04 Mar 2022 (just a little less than 2 years = 720 odd days).If I have to go for BC application straight away, this way I won't be meeting the max 90 days absences rule in last one year and 450 days in last 5 years

But now that I've come back to UK now with a permanent job and intention to settle down. I was wondering if I can straight away apply for BC under discretion and hope for the best OR should I rather wait for few more days/years ?

What are chances of my application being considered due to the valid reason of absences mainly due to COVID global pandemic.

Assuming I can apply, I also have a child who was born in UK but that was before I got my ILR. The child also has had long absences from UK for more than 3 years since 2018. Can I apply for BC for him too?

Any advice will be very much appreciated, many thanks in advance!

Regards

Adi

Re: ILR to BC with 730 days of absence

Posted: Wed Jun 22, 2022 4:31 pm
by Zerubbabel
Hello,

There is this reference document about "Naturalisation as a British citizen by discretion"

https://assets.publishing.service.gov.u ... retion.pdf

Read page 16:
"the excess absences were because the applicant was unable to return to the UK because of global pandemic"

There should be some level of discretion if I take the document for face value. But discretion is never something you can 100% count on.

If money is not an issue and you have strong footprint in the UK (job, wife, kids going to school...), you can try to apply knowing the risks.

In any case, avoid giving the feeling that you are permanently established abroad and coming back to the UK temporally in order to apply for citizenship then leave the country for good. Your application should reflect that you are established in the UK now.

Re: ILR to BC with 730 days of absence

Posted: Fri Jul 15, 2022 5:24 pm
by adi27
Thank you so much for the advice!