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Coronavirus - exceed 90 day limit?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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adisays
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United States of America

Coronavirus - exceed 90 day limit?

Post by adisays » Sun Mar 15, 2020 9:26 am

Hello everyone,

I just received my ILR in October 2019. I am planning on going for the passport / citizenship later this year, but understand you cannot have been out of the UK for 90 during the year before applying for the passport. I'm a US citizen with all of my family in the US, I am single/alone here. My company has instilled a global work from home policy, and my parents are worried and asked me to work from the US for around 3 weeks as they are both doctors. Could this absence be considered an "exceptional circumstance" during a pandemic? I don't want my application refused because of that. I don't think total this year I'll have more so than around 100 days, so I wouldn't be exceeding it by a lot but wanted to check if it would be considered an exemption due to extraordinary circumstance. Thank you.

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zimba
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Re: Coronavirus - exceed 90 day limit?

Post by zimba » Sun Mar 15, 2020 1:40 pm

No. Exceptional circumstances are things that are totally out of your control. Personal decisions for travel are not exceptional circumstances unless you end up in a situation that you cannot travel at all or get stuck somewhere
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Zerubbabel
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Re: Coronavirus - exceed 90 day limit?

Post by Zerubbabel » Sun Mar 15, 2020 4:19 pm

You have to make a choice here.

If you think you will get better care in the US and/or your risks are lower, just take next flight to the US. Your health is more important than any application.

You have an ILR anyway. So if you end up staying more than 90 days, wait 9 months to reset that counter and apply for citizenship. You already have a US passport + a UK ILR. it's not like you need a UK passport tomorrow.

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Djsuccess
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Re: Coronavirus - exceed 90 day limit?

Post by Djsuccess » Sun Mar 15, 2020 6:23 pm

Zerubbabel wrote:
Sun Mar 15, 2020 4:19 pm
You have to make a choice here.

If you think you will get better care in the US and/or your risks are lower, just take next flight to the US. Your health is more important than any application.

You have an ILR anyway. So if you end up staying more than 90 days, wait 9 months to reset that counter and apply for citizenship. You already have a US passport + a UK ILR. it's not like you need a UK passport tomorrow.
I would have liked this comment if there's a like button. I think you have hit the nail on the head. I totally agree with your comment.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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Zerubbabel
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Re: Coronavirus - exceed 90 day limit?

Post by Zerubbabel » Sun Mar 15, 2020 9:05 pm

Djsuccess wrote:
Sun Mar 15, 2020 6:23 pm
Zerubbabel wrote:
Sun Mar 15, 2020 4:19 pm
You have to make a choice here.

If you think you will get better care in the US and/or your risks are lower, just take next flight to the US. Your health is more important than any application.

You have an ILR anyway. So if you end up staying more than 90 days, wait 9 months to reset that counter and apply for citizenship. You already have a US passport + a UK ILR. it's not like you need a UK passport tomorrow.
I would have liked this comment if there's a like button. I think you have hit the nail on the head. I totally agree with your comment.
You are welcome :) I try often to go beyond the narrow scope if the immigration question.

In that case, if my parents were doctors and living in a relatively spared area, I would be on next flight to the US. Applications/documents can wait, health not.

adisays
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Re: Coronavirus - exceed 90 day limit?

Post by adisays » Mon May 04, 2020 10:13 pm

Zimba wrote:
Sun Mar 15, 2020 1:40 pm
No. Exceptional circumstances are things that are totally out of your control. Personal decisions for travel are not exceptional circumstances unless you end up in a situation that you cannot travel at all or get stuck somewhere
Thank you for your answer Zimba. I actually ended up staying in the UK for now, as seeing as how Drumpf is handling things I think I'm better off here!

adisays
Junior Member
Posts: 99
Joined: Wed Oct 02, 2019 11:35 pm
United States of America

Re: Coronavirus - exceed 90 day limit?

Post by adisays » Mon May 04, 2020 10:16 pm

Zerubbabel wrote:
Sun Mar 15, 2020 4:19 pm
You have to make a choice here.

If you think you will get better care in the US and/or your risks are lower, just take next flight to the US. Your health is more important than any application.

You have an ILR anyway. So if you end up staying more than 90 days, wait 9 months to reset that counter and apply for citizenship. You already have a US passport + a UK ILR. it's not like you need a UK passport tomorrow.
This is a very thoughtful comment, you're right, at the end of the day health is always more important. It's so easy to get caught up in the fervor of ticking all of the document check boxes. I actually ended up staying in the UK as I didn't want to put my family at risk with me coming off a 10 hour flight. In any case, with how the US is "handling" the virus now I think I'm better off here...

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