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Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Thu Jan 18, 2024 4:34 pm
by st8487
I am going to apply the British Citizenship in Jan 2024. I am exceeding 507 days instead of standard 450 days.
During a continuous 13-year period in the UK, this is the only instance when I exceeded the 507 days requirement, rather than the standard 450 days, was solely due to the Covid-19 pandemic. My entire family, including myself, was affected by Covid-19 during this period. Furthermore, my mother resides alone in India, and during that time, I was responsible for taking care of her due to the circumstances arising from the pandemic.
Please anyone guide me that I am eligible for it.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Thu Jan 18, 2024 4:49 pm
by SupperDog
From the guidance:
Absences of 480 days will normally be disregarded. 900 days will be normally disregarded only if: you meet all other requirements and you have established your home, family and a substantial part of your estate here.
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.
For absences exceeding 730 days (or 450 days for the 3-year route), please explain if your absences were a result of either:
• A posting abroad in Crown or designated service (see the section on
Crown and designated service). For example, as a member of HM
Forces, or as the husband, wife or civil partner of a British citizen serving abroad in Crown or designated service
• An unavoidable consequence of the nature of your work. For example, if you are a merchant seaman or someone working for a UK based business which requires frequent travel abroad
• Exceptional or compelling reasons of an occupational or compassionate nature such as having a firm job offer for which British citizenship is a genuine requirement
• The excess absences were because you were unable to return to the UK because of global pandemic
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Thu Jan 18, 2024 6:05 pm
by st8487
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.
As you mentioned 730 days resident in the UK for last 7 years I have lived in UK for continues 13 years and I am not absent from UK for past 1 year as well. I am direct applicant and husband still holding PR.
Period in out of UK in past 5 years
---------------------------------------------
(UK - Depart and Arrival dates to India)
01-08-2019 to 25-10-2019 (86 days)
(UK - Depart and Arrival dates to India)
07-04-2021 to 02-06-2022 (411 days)
In between the above dates 07-04-2021 to 02-06-2022 went to Singapore for 10 days.
(India - Depart and Arrival to Singapore)
23-04-2022 - 02-05-2022 (10 days)
So, totally I am outside the UK 507 days.
Hope I am eligible for applying and given my detailed history. Please can you check if any case that I am not eligible.
Thank you in advance.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Thu Jan 18, 2024 6:55 pm
by contorted_svy
You can apply, but your whole absence period is unlikely to be waived because of the pandemic (borders reopened way before you travelled there, proof is you were able to travel). To waive those absences you would need to show proof of cancelled flights.
This is not terrible news though. As you have been resident for 13 years, you can show that you were resident in the UK for the last 7 years and have established your home, your estate, your job, your family, your finances, etc in the UK. If you build a strong case for this, your application is likely to succeed.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Thu Jan 18, 2024 9:27 pm
by SupperDog
st8487 wrote: ↑Thu Jan 18, 2024 6:05 pm
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.
As you mentioned 730 days resident in the UK for last 7 years I have lived in UK for continues 13 years and I am not absent from UK for past 1 year as well. I am direct applicant and husband still holding PR.
Period in out of UK in past 5 years
---------------------------------------------
(UK - Depart and Arrival dates to India)
01-08-2019 to 25-10-2019 (86 days)
(UK - Depart and Arrival dates to India)
07-04-2021 to 02-06-2022 (411 days)
In between the above dates 07-04-2021 to 02-06-2022 went to Singapore for 10 days.
(India - Depart and Arrival to Singapore)
23-04-2022 - 02-05-2022 (10 days)
So, totally I am outside the UK 507 days.
Hope I am eligible for applying and given my detailed history. Please can you check if any case that I am not eligible.
Thank you in advance.
You are eligible if you meet all other requirements and have established your home, family and a substantial part of your estate here.
You don't have to explain anything about your absences because your absences are less than 730 days, but you are free to do so if you want to.
You don't have to disclose where you went, they don't care. They only care about whether you are in the UK or not.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Thu Jan 18, 2024 9:28 pm
by SupperDog
The most important thing is to prove that you have established your home, family and a substantial part of your estate.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Thu Jan 18, 2024 10:14 pm
by CR001
was solely due to the Covid-19 pandemic
I don't believe you can use the pandemic as an excuse for the big absence in April 2021 to June 2022. Nothing prevented you from returning to the UK and flights were available. You managed to travel to Singapore.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Fri Jan 19, 2024 2:37 am
by contorted_svy
SupperDog wrote: ↑Thu Jan 18, 2024 9:27 pm
st8487 wrote: ↑Thu Jan 18, 2024 6:05 pm
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.
As you mentioned 730 days resident in the UK for last 7 years I have lived in UK for continues 13 years and I am not absent from UK for past 1 year as well. I am direct applicant and husband still holding PR.
Period in out of UK in past 5 years
---------------------------------------------
(UK - Depart and Arrival dates to India)
01-08-2019 to 25-10-2019 (86 days)
(UK - Depart and Arrival dates to India)
07-04-2021 to 02-06-2022 (411 days)
In between the above dates 07-04-2021 to 02-06-2022 went to Singapore for 10 days.
(India - Depart and Arrival to Singapore)
23-04-2022 - 02-05-2022 (10 days)
So, totally I am outside the UK 507 days.
Hope I am eligible for applying and given my detailed history. Please can you check if any case that I am not eligible.
Thank you in advance.
You are eligible if you meet all other requirements and have established your home, family and a substantial part of your estate here.
You don't have to explain anything about your absences because your absences are less than 730 days, but you are free to do so if you want to.
You don't have to disclose where you went, they don't care. They only care about whether you are in the UK or not.
You do have to disclose where you went and roughly the reason for your absence in the form (eg business, holiday, seeing family). As the trip was over two different countries an explanation in the cover note is probably a good idea.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Fri Jan 19, 2024 1:40 pm
by st8487
Thank you so much for help guys!
Can you please see below question that I answered. Please can you change if I do anything wrong.
Residence requirements:
------------------------------
Do you meet these residence requirements?
---------------------------------
Answer: No
Please tell us which of the requirements you do not meet and the reason you do not meet them:
---------------------------
Answer:
During the 5-year qualifying period, I did not meet the requirement of being present for 450 days. However, I exceeded this requirement by totaling 507 days due to my grandmother passed away and my mother was alone and she needs emotional support at that period of time.
If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application?
------------------------------
Answer: Yes
Please confirm which requirement(s) you think you fail to meet and what special circumstances should be considered
-------------------------------
Answer:
During the 5-year qualifying period, I did not meet the requirement of being present for 450 days. However, I exceeded this requirement by totalling 507 days due to my grandmother passed away and my mother was alone and she needs emotional support at that period of time. If you consider for past 7-years resident period I am only away from UK was 567 days instead I can absent up to 730 days. And also I am not absent from UK past 1.5 years.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Fri Jan 19, 2024 3:49 pm
by contorted_svy
st8487 wrote: ↑Fri Jan 19, 2024 1:40 pm
Thank you so much for help guys!
Can you please see below question that I answered. Please can you change if I do anything wrong.
Residence requirements:
------------------------------
Do you meet these residence requirements?
---------------------------------
Answer: No
Please tell us which of the requirements you do not meet and the reason you do not meet them:
---------------------------
Answer:
During the 5-year qualifying period, I did not meet the requirement of being present for 450 days. However, I exceeded this requirement by totaling 507 days due to my grandmother passed away and my mother was alone and she needs emotional support at that period of time.
the HO won't care about why you were away - no need to include.
If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application?
------------------------------
Answer: Yes
Please confirm which requirement(s) you think you fail to meet and what special circumstances should be considered
-------------------------------
Answer:
During the 5-year qualifying period, I did not meet the requirement of being present for 450 days. However, I exceeded this requirement by totalling 507 days due to my grandmother passed away and my mother was alone and she needs emotional support at that period of time. If you consider for past 7-years resident period I am only away from UK was 567 days instead I can absent up to 730 days. And also I am not absent from UK past 1.5 years.
I would reword this as follows: During the 5-year qualifying period, I did not meet the requirement of being present for 450 days, exceeding this by totalling 507 days. As stated in the official guidance, as I have established my estate, finances, home and family in the UK and my absences are under 730 days, I believe discretion applies to my case.
It is possible you don't have enough characters in the box to explain your circumstances fully, in that case you can simply write "see cover letter" and explain more in detail there. You may need to upload some extra documents to show you established your home, finances, estate, family, in general your life here in the UK as well as prove your residence in the last 7 years.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Fri Jan 19, 2024 7:20 pm
by st8487
Thank you so much for your guidance. Better I will see the solicitor.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Sat Jan 20, 2024 2:12 pm
by st8487
Thank you so much for your help.
Please can you give the brief explaining according to my case. I can write up to 2000 words in that box.
It would be great helpful for me
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Sun Jan 21, 2024 1:12 am
by SupperDog
As I have said already, they don't care about the reason you were absent. They want to see evidence you have established your home, family and a substantial part of your estate here.
You'd better not write too long in the box even it allows you to write up to 2000 chars. Keep it short there and attach a cover letter, as well as other evidence that established your home, family and a substantial part of your estate.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Sun Jan 21, 2024 9:57 am
by contorted_svy
st8487 wrote: ↑Sat Jan 20, 2024 2:12 pm
Thank you so much for your help.
Please can you give the brief explaining according to my case. I can write up to 2000 words in that box.
It would be great helpful for me
I am sorry but I don't think I can help with that as I am not a professional. If you explain your situation to a solicitor they will be able to phrase it effectively and tell you what evidence to present. I already gave you some pointers to start from.
Re: Spent more than 450 days in 5 years due to pandemic, will there be discretion?
Posted: Wed Jan 24, 2024 11:10 am
by st8487
Thank you so much for your help!