Citizenship- not present in the UK 5 years prior application

[Sam08]

I have to apply by 31.12.20 this year for the British Citizenship. I would loose my German Citizenship if I would apply at a later date. I am living for more than 15 years in the UK.
Unfortunately I have noticed that I was out of the country from 20.12.15-02.01.2016 and won't fulfil the requirement to be physically present in the UK exactly 5 years before the application. The reason I couldn't submit the application earlier this month was because I had to self isolate because of Covid and couldn't do the Life in the UK test in time for the 19.12.20. This is all sorted now. Is it absolutely mandatory to have been physically present in the country exactly 5 years prior the application? Is it worth to give it a try with a cover letter explaining above and hope for the discretion of the officer? Unfortunately I can't move the date into next year.

[CULLINAN]

Yes this is a mandatory requirement. Your application will be refused otherwise. We have seen that CW usually gives you an option to redeclare your date later in the course (which has its own risks if CW does not apply discretion). I am not sure if you can go that route (redeclaration of application date if CW offers) and how it will affect your German Nationality though.

@alterhase58 is best placed to answer.

[alterhase58]

Unfortunately that rule is a mandatory requirement in the BNA.
I have seen the posts about being given the option to re-declare however the earliest date you could re-declare is in 2021 which is too late.
Your options are either
1) try your luck with a cover letter explaining the issue (being faced by many Germans now) and hoping for discretion, or
2) after 1.1.2021 apply for a Beibehaltungsgenehmigung from the Bundesverwaltungsamt in Germany - has to be done before you apply for naturalisation and will take time and money. BVA Website: https://www.bva.bund.de/DE/Services/Bue ... _node.html

Clearly these are exceptional times / circumstances and it's impossible to give firm advice.

[secret.simon]

As @CULLINAN has advised, the physical presence requirement is a mandatory requirement that the Home Office has no power to dispense with/set aside.

Along with the application, perhaps you could include a cover letter requesting that you be allowed to redeclare the application to another date before 31st December 2020 on which date you did meet the absence and physical presence requirements. Such a redeclaration would be at the caseworker's discretion, but it is usually given if you meet all requirements except the physical presence requirement.