Immigrationboards.com

InNeedOfAdvice2025 wrote: ↑

Thu Apr 10, 2025 12:34 pm

Thank you so much for taking the time to reply to me, I really, really appreciate it!! I have included all my replies below:

Rules for ILR, or EUSS, don't matter for citizenship - just ignore any definition about continuous residence or any other requirement that may hold in another context.
Many thanks for this - I think I was worried that not having a physical address in the UK between Aug 21 - Sep 22 would consequently imply that I am not eligible.

- Can you please list all your absences in the last 7 years, with date/month/year?
I have gone one step further and have done it for the past 8 years (starting with April 2017). The total number of days out of the country comes to around 671 - the only one I cannot show is going to France by car for a weekend (6/07/2018 - 08/07/2018); apart from that, I should be able to locate all my flight tickets. I have also requested a Subject Access Request via UK Visas and Immigration for the past year (they have provided the official document for all dates in and out of the country from 03/08/2021 - 01/01/2025 - any earlier than that would not have been possible as I changed my passport in Apr 21). A small note - I am aware I currently do not have less than 90 days in the last year. I do not plan to leave the UK again until these go down (July 2025 - when I am hoping to apply):

Can you please cpmpute the number of days you were absent for each of these so it is easier for me to look at relevant totals? Remember that the day you left and the day you returned don't count. Flight tickets not necessary.

04/04/2017 - 05/01/2017
04/04/2017 - 20/04/2017
25/08/2017 - 28/08/2017
20/12/2017 - 02/01/2018

28/03/2018 - 08/04/2018
06/07/2018 - 08/07/2018
25/07/2018 - 03/08/2018
04/08/2018 - 03/09/2018
24/12/2018 - 04/01/2019
19/06/2019 - 05/07/2019
19/12/2019 - 07/01/2020

18/12/2020 -07/01/2021

03/08/2021 - 24/08/2021
30/08/2021 - 15/10/2021
27/10/2021 - 06/12/2021
11/12/2021 - 01/09/2022

24/11/2022 - 27/11/2022
21/12/2022 - 26/12/2022

17/05/2023 - 28/05/2023
25/06/2023 - 29/06/2023
29/06/2023 - 09/07/2023
14/09/2023 - 18/09/2023
19/11/2023 - 24/11/2023
18/12/2023 - 26/12/2023

01/02/2024 - 04/02/2024
14/03/2024 - 18/03/2024
22/03/2024 - 28/03/2024
06/04/2024 - 17/04/2024
29/04/2024 - 05/05/2024
15/05/2024 - 22/05/2024
13/06/2024 - 02/07/2024
08/07/2024 - 12/07/2024
14/07/2024 - 05/08/2024
29/08/2024 - 10/09/2024
03/10/2024 - 11/10/2024
06/12/2024 - 01/01/2025

27/03/2025 - 05/04/2025

- Having studied or having been employed doesn't matter too much - you do need to prove you lived here, which, if you are a EU citizen, you can't prove through your passport stamps. Do you have letters from your employers/university/schools to prove you lived here, and if not, can you obtain them?
I am from the EU. I have P60s, P45s, University diploma, rental contracts for all years (there are small gaps of 1-2 weeks max in between contracts where I stayed at friends) - I can also reach out to my previous employer and current one to ask for a letter confirming I worked there. rental contracts not needed, only the current one for requesting discretion. Get your records in order for everything else, especially the period that you were absent - were you working in the UK then, or have any government letters from that period?

- Where you rented or even the fact you rented vs owning a house doesn't necessarily matter for citizenship. In your case, it may help to build a case where you ask for discretion. Do you currently have a rental contract in your name?
I do currently have a rental contract in my name and the name of my friend that I am renting with. I have a contract for all years, with the exception of Aug 21 - Sep 22 as I was not renting (given I was out of the country) - I did update my address on GOV's website then to let them know that my 'base' would be at my parents' house outside of the country.

From what I can gather from your post, your case should fall under the discretionary category, though a solution needs to be found for the period you didn't live in the UK. Where did you live at the time?
Between Aug - Dec 21, I stayed at my parents abroad, but traveled back and forth to the UK as my then-partner (not married or anything) was in the UK. We left to travel together between Dec - Jul 22. Jul - Aug 22 I was back at my parents while we were sorting out jobs and housing. Sep 22 we moved in together and started our new jobs. On GOV's website, I put down my parents' address (EU) for that period as it made most sense.

Apologies, again, for the length. Thank you so much for supporting with this, I really appreciate it!

Absences
You must check the available evidence to see whether an applicant meets the residence requirements.

The following can be used as evidence of residence:

passports or travel documents which have been stamped to show arrival in the UK and entry and departure from other countries: these should be checked against the list of absences that applicants are asked to provide on the application form

Home Office records

if the applicant does not have passports to cover the qualifying period, other evidence such as employers’ letters or tax and National Insurance letters:

in such cases you should assess whether there is sufficient evidence to show that that applicant has been resident in the UK during the qualifying period, giving them the benefit of any doubt where claimed absences are within the limits we would normally allow and there are no grounds to doubt the accuracy of the claim
You must not normally accept doctors’ letters on their own as proof of residence. However, if nothing else is available and the doctors can confirm that they have seen the applicant on a regular basis during the period concerned these may be accepted.

If there are gaps in a person’s evidence of residence and it is clear from the information available that they could not have travelled, you must accept this. Examples of this might include a refugee who has no means of travel or where immigration records confirm continuous residence.

You must only count whole days’ absences from the UK. You must not count the dates of departure and arrival as absences. For example, a person who left the UK on 22 September and returned on 23 September will not be classed as having been absent from the UK.

An applicant only needs to have been physically present in the UK for the purpose of the act. They do not have to have been ordinarily resident or domiciled here.

Absences during the qualifying period
Where an applicant has spent more than the 450 days for section 6(1) applications, or 270 days for section 6(2) applications, outside of the UK during the qualifying period you must consider exercising discretion if they meet the other requirements.

Where the applicant exceeds the permitted absence by 30 days or less you must exercise discretion unless there are other grounds on which the application falls to be refused.

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:

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)) or 450 days (for section 6(2)) the period of residence must be at least 3 or 2 years respectively

the excess absences are the result of:

postings abroad in Crown service under the UK government or in service designated under section 2(3) of the British Nationality act 1981.

accompanying a British citizen spouse or civil partner on an appointment overseas

the excess absences were an unavoidable consequence of the nature of the applicant’s career, such as a merchant seaman or employment with a multinational company based in the UK with frequent travel abroad

exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now, such as a firm job offer where British citizenship is a statutory or mandatory requirement

the applicant was prevented from being in the UK because they had been removed from the UK, and the decision to remove them was later overturned

the applicant was incorrectly prevented from resuming permanent residence in the UK following an absence

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

Where the applicant’s absence exceeds those covered above as a result of Crown Service overseas, discretion should normally be exercised where:

before an overseas posting the applicant was resident in the UK and Islands

the excess absence was due to either:

a period of absence from the UK and Islands on a posting on Crown service

a period of absence from the UK and Islands accompanying a spouse, civil partner, partner or parent on a posting on Crown service

The person in Crown service should provide evidence of their employment and posting from the relevant Government department.

In other cases, where an applicant’s absences exceed those covered above it is highly unlikely that discretion would be appropriate. You should normally refuse the application and advise them to re-apply when they are able to bring themselves with the statutory requirements, unless there are specific circumstances that warrant exceptional consideration at a senior level.