How to demonstrate "strong links through the presence of family, employment and their home in the UK" for absences

[michalc]

In Naturalisation as a British citizen by discretion version 10.0 in reference to absences in the final year it states that

between 100 and 180 days, where the residence requirement across the qualifying period is met – discretion is only appropriate where the applicant demonstrates strong links through the presence of family, employment and their home in the UK

What sort of evidence would be enough to demonstrate this?

(In our particular case, it's PhD studies at a UK university + artist residencies and commissions rather than strictly employment. Also, the potentially excessive absences were to conduct research for the PhD)

[contorted_svy]

Hi,
How many absences do you have exactly?
I imagine you'd show your family's residence/employment in the UK in the same way you demonstrate yours, eg passports (if not EEA), P60s, payslips.
If it's not time sensitive, could you wait for a few months until your absences drop (assuming you won't do more similar absences in the near future)? In this case you wouldn't have to produce as many documents.
You could talk to the legal team in your university and ask if they are aware of similar cases - maybe they could write a letter where it is testified that your absences were due to conducting research abroad that was required for your PhD.

[michalc]

Ah thanks for your reply

How many absences do you have exactly?

It's just over a hundred days in the past year, 3 trips, one big research trip taking most of those days.

I imagine you'd show your family's residence/employment in the UK in the same way you demonstrate yours, eg passports (if not EEA), P60s, payslips.

I didn't think it was really asking about family's residence or employment, but more asking about the applicant's links with UK life - i.e. showing likes to the applicant's family in the UK, the applicant's employment in the UK, and the applicant's home in the UK? Or have I misread this?

If it's not time sensitive, could you wait for a few months until your absences drop (assuming you won't do more similar absences in the near future)? In this case you wouldn't have to produce as many documents.

Yes, although exploring getting it all sorted now

You could talk to the legal team in your university and ask if they are aware of similar cases - maybe they could write a letter where it is testified that your absences were due to conducting research abroad that was required for your PhD.

I think this is doable to explain the absences. However, it seems like while yes, the absences probably need to be explained, the point in the rules/guidance seems to be asking to demonstrate links to the UK rather than to explain the absences?

[michalc]

i.e. showing likes to the applicant's family in the UK

Oops, I mean showing links

[contorted_svy]

Do you have a spouse/parents/children in the UK? Those are very obvious links that you can show through marriage certificate, birth certificate, etc (but you'd also need to show they are living here i think, that's why I was suggesting sending something that proves that).

For other family members I don't have an obvious answer, but other more experienced users might be able to help.

[michalc]

Do you have a spouse/parents/children in the UK? Those are very obvious links that you can show through marriage certificate, birth certificate, etc (but you'd also need to show they are living here i think, that's why I was suggesting sending something that proves that).

Ah I see - understood on the proof that the family is in the UK

So there would be some official records like that. But it feels somewhat... not enough to show strong links. This may not be exactly an informed legal/rule-based opinion, but if someone where to show me a marriage certificate, I would not take it as evidence that they have a strong link to their spouse. Ditto for birth certificate for parent/child relationship, or most official records like that.

I would need more somehow. Say, photos together, records of holidays taken together (I guess better if in the UK in this case!), copies of messages sent, evidence of shared activities, evidence making plans and carrying them out, that sort of thing.

And that's just family in this case. For employment I would need something a bit more than payslips or a contract - something would need to say the applicant is emotionally invested to making their employment-related life in the UK. Ditto for "home in the UK" - I would need something more... emotional... than a mortgage or rental agreement. Not that these sort official records aren't important as evidence, but they feel not enough to me to convince the links are strong

[contorted_svy]

Noting that I am not an expert - the guidance doesn't say you need to show strong links to these people in the UK but rather a strong link through the presence of family, employment and their home in the UK. It is less about the link you have with the person and more with the fact that through you e.g. being married to someone that lives here, you have a stronger link to the country.

[michalc]

Ooooh.... I didn't think of that interpretation. Yeah, that sounds really quite reasonable