Absences in the final year and 5 years preceding the application

[sm12]

I have been in the UK since February. Before that, I was stuck in my home country for 298 days due to flights being cancelled and leaving the country being impossible.
Now my problem is, do I have to wait for 5 years from February to apply since I have a gap of 298 days?

Thank you in advance.

[vinny]

Check the Guidance.

[sm12]

Also, I am a director of my company but only pay myself when I need to.
Do I have to show regular income for naturalisation? And do the referees have to be British?

[alterhase58]

1. Income - there are no financial requirements for naturalisation.
2. Referees - one has to be British - check the form: https://visas-immigration.service.gov.u ... on_MN1.pdf

[sm12]

Thank you. A lawyer I consulted said that the 90-year rule applies to every year for the last 5 years. I couldn't find any basis for this in the guidance, hence the confusion over the absences.

[CR001]

Thank you. A lawyer I consulted said that the 90-year rule applies to every year for the last 5 years. I couldn't find any basis for this in the guidance, hence the confusion over the absences.

Lawyer is talking absolute rubbish!!

[vinny]

Check the Guidance.

Same advice for the lawyer!

Better still, refer to the legislative source of the Guidance: Section 6(1)

Schedule 1

1

(2)The requirements referred to in sub-paragraph (1)(a) of this paragraph are—

• (a)that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and
• (b)that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
• (c)that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
• (d)that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.

1(2)(a) restricts the absence to 450 days in the 5-year period. But 1(2)(b) only restricts the absences to 90 days in the final year. Less than 90 days absence per year may be sufficient to satisfy 1(2)(a) and 1(2)(b), but not necessary.

[sm12]

Thank you. He said that my long absence can be used to deny Citizenship because the Govt is making no exceptions even if there are circumstances beyond your control. Have sent the quoted text from your post to him!

[vinny]

Do let us know his response.

[sm12]

Do let us know his response.

He said that it's only for guidance but the caseworker can use discretion and in a case like mine, where nearly 300 days were spent outside the country without returning at all (even though the 450-day requirement is met), the caseworker can use discretion and reject the application.

[vinny]

The British Nationality Act is the law, not Guidance. The Guidance gives possible discretions for caseworkers. I don’t see that discretion on absences may be more stricter than the law given in Schedule 1.

[sm12]

The British Nationality Act is the law, not Guidance. The Guidance gives possible discretions for caseworkers. I don’t see that discretion on absences may be more stricter than the law given in Schedule 1.

Thank you Vinny. In case my application fails, am I risking my ILR in any way?

[vinny]

If you give evidence on the reasons for your absences, then I think you should be okay. If your absences makes them doubt your future intentions requirement, then include more evidence on this requirement to assure them.

They may revoke ILR only under limited circumstances.

[sm12]

If you give evidence on the reasons for your absences, then I think you should be okay. If your absences makes them doubt your future intentions requirement, then include more evidence on this requirement to assure them.

They may revoke ILR only under limited circumstances.

Thank you!

[scottng8888]

I don't think they will revoke your ILR as the ILR allows you stay out of the UK for maximum 2 years so you're fine!

I'm also having the same situation here but my final year absence is less than 180 days. hopefully someone could share their experience of BC application by discretion...