Immigrationboards.com

Hi,

I'm very interested in becoming a British citizen. However I am very very unsure if I would be eligible as I carry a significant amount of absence. If someone could please help me I would greatly appreciate it. Thank you so much!

Here are my details:

Settled / ILR since 2020

Studied uni, masters in Wales, near-native command of English.

5 year qualifying period: Left the UK in January 2021 to work in my home country and came back in August 2022 (around 568 days absence). Had some other trips during that period 2019-2024 (2024 hypothetical application date). This would total to over 730 days of absence.

Where the applicant has absences of between 480 and 900 days for applications

under section 6(1) of the British Nationality Act 1981: at least 2 years residence (for

applications under section 6(1)), or 1 year (for applications under section 6(2)), 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))

If I can't justify my absence with coronavirus, according to the above I should still be eligible as I do have 2 years residence in years 2017-2019 (studied uni in Wales). Would this make me eligible still ?

If I can use coronavirus to justify my absence, then (from what I understand, please correct me if I'm wrong) it's possible that I might require to be resident in the last 7 years:

But then the naturalization booklet says:

If your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years

---

For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 years unless the absences were a result of one of the reasons given below

Would coronavirus account for the 2 years in which I was not resident in either one of those cases?

Finally the discretion does account for the fact that I have "established my home, employment, family and finances in the UK". I don't own property here but do rent and all my family is living here as well although they neither own any property and also rent as I do. Can I safely assume that this applies to me ?

Is there anything else I should know? What else could maximize my chances ? I am considering taking a IELTS exam to prove my English although I should not need it because of having studied uni here ?

Failing any of these. Do I have any chances with a good immigration lawyer that would help me with the citizenship application ?

Any help is greatly appreciated. Thank you very much again in advance!

Your absence wouldn't be qualified as justified under COVID as it was possible to travel in 2021, so you could have come back and not have those many absences.

When did you come to the UK?

this sentence

If your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years

means you have to have lived here in the last 7 years overall with not many absences in the 2 years period before the qualifying period starts.

You have to make a case that you family is here, you work here, and your money is here, and you don't own a significant estate in your origin country. No need for a IELTS exam, your UK degree certificate will be enough to qualify for your language requirement.

An immigration solicitor can better advise on your chances of success - I would say this is fairly reasonable, unless you own a significant estate elsewhere, which would cast doubt on your intention of living in the UK over another country.

Please note there is a requirement to not have spent more than 90 days abroad in the last 12 months of the qualifying period.