Absences due to Covid.

[Kate20-20]

Hi,
I would appreciate some insights.
I've been living in the UK for more than 15 years, married to a British since 2015 and I have ILR since 2017. I am working non-stop since 2011, have a house etc.
Since end of December 2019 (12 months), I have been away from the UK for 171 days mainly due to a long stay in my home country during which I gave birth, followed by inability to come back due to Corona restrictions.

Two questions
- How does the HO check one's presence or absence in the country since -as an EU national- I have been entering with my passport and ID card interchangeably.
- Shall I apply now (before 31 Dec) risking to be rejected, and if not, what do I risk by waiting? In other words, what are the changes I may have to face after a no-deal Brexit?

Many thanks gurus!

[CULLINAN]

You will declare your absences from UK on the online form. HO also carry out their own checks for example landing cards etc. You will prove your continuous residence with P60’s, employment letters etc.

Since you already have ILR, you fall under the UK immigration system. Brexit deadline will not affect you. You can apply when you are eligible not necessarily before 31st Dec.

You have to prove 3 years of residence as you are married to a BC. You can not be outside UK more than 270 days in the last 3 years. Not more than 90 days in the last 12 months. There are a few exceptions to the absence limits. Read as below. However, note, HO is very strict when it comes to absences in the last 12 months. Although, delays due corona pandemic are incorporated in the Nationality guidance, but you have to fulfil other requirements as listed on Page 16/17:

https://assets.publishing.service.gov.u ... n_v6.0.pdf