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Where the applicant has absences of between 480 and 900 days for applications under section 6(1) of the British Nationality Act 1981, or 300 and 540 days for applications under section 6(2) and otherwise meets the requirements you must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK, and one or more of the following applies:
[...]

• the excess absences were because the applicant was unable to return to the UK because of global pandemic

[...]

Endaner wrote: ↑

Mon Jan 08, 2024 12:21 pm

Little update:
Just managed to get a P60 for the tax year ending April 2018 with my address on it.

Endaner wrote: ↑

Mon Jan 08, 2024 11:41 am

Hi all,

I found this forum last night and reading through the posts has been so helpful in understanding the process of naturalisation. I am currently in the process of putting together my own application for naturalisation, but have run into some issues that I would like to share.

Nationality: EU
UK Entry: 13 January 2018
Pre-Settled Status: 01 April 2019
Settled Status: 21 January 2023
Applying under Section 6(1)
Passed Life in the UK Test

Absences
I would be able to send the application on 21 January 2024 at the earliest, and I have less than 90 days absence in the preceding year, which is all good. My overall absence since 21 January 2019 is 537 days, however, which obviously is way more than the allowed 450 days in the preceding five years.

The reason why this number is so high and is that I was absent between 15 March 2020 and 20 September 2020 during the COVID-19 pandemic where I, under normal circumstances, would have been in the UK to attend my university course. I read on another thread (this one: british-citizenship/spent-more-than-450 ... d#p2141837) that the borders reopened in July 2020. So from 15 March 2020 to 30 June 2020, 108 days passed. If I subtract that from the 537 days, my absence has only been 429 days, which is within the allowed amount.

In the Home Office's guidance to exercise discretion, it says:

Where the applicant has absences of between 480 and 900 days for applications under section 6(1) of the British Nationality Act 1981, or 300 and 540 days for applications under section 6(2) and otherwise meets the requirements you must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK, and one or more of the following applies:
[...]

• the excess absences were because the applicant was unable to return to the UK because of global pandemic

[...]

Link: https://www.gov.uk/government/publicati ... bookmark27.

My question is then: Do you think I would be able to ask for the Home Office to exercise discretion in this case? Does my way of subtracting the COVID-19 absence days even make sense?

Comprehensive Sickness Insurance
Prior to obtaining Pre-Settled Status, I stayed in the UK under the freedom of movement act. I didn't get a permanent residency card as I didn't think I would need one (and didn't think I would stay). I guess this means that I would have had to have a CSI that wasn't the NHS. The culprit in my understanding is the time between 13 January 2018 and 01 April 2019. I had my EHIC with me at all times in this period that was still technically valid as I hadn't informed my home country that I had moved away.

Is my EHIC enough to prove that I had CSI from 13 January 2018 and 01 April 2019?

Proof of Residency
In my first 8 months of living in the UK (between January 2018 and September 2018), I lived with friends and rented a room at theirs. We had no formal tenancy agreement, and I just paid a small amount of rent that I can trace back on my bank statements. At the moment, my only proofs of address for this period of time is an NI Letter from JobCentrePlus from February 2018, letters from the Borough of Southwark Electoral Services from January and April 2018, and a P45 from June 2018. I may also have the address on bank statements.

Is this enough to prove my residency in this period?

End Thoughts
I feel like my naturalisation case is on the verge of being quite complex. Do you think there are grounds to reject my application, or am I worrying to an unnecessary degree?

Absences normally disregarded only if:
• you meet all other requirements and you have established your home, family and a substantial part of your estate here.

900 days

Please note: if your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years.