Citizenship

[Denizok]

Hi;

I received my ILR 13 months ago. I would like to apply to citizenship. My days of absence in UK is 87 days last 12 month but total absence last five years is 653 days. Reason for this was partly covid travel restrictions but mostly needs od my mum who is 93 and my mother inlaws health situation who has passed a way.

Our son is attending univercity husband and myself retired. We own 3 houses we collect rent and some interest from our savings In total around 50K. Do you have any experience how Home Office uses discreation for my citizenship application in this kinf od situation. Can my circumstances be taken into account in this situation? Thanks in advance

[contorted_svy]

From
https://www.gov.uk/government/publicati ... accessible

Where the applicant has absences of between 480 and 900 days for applications under section 6(1) of the British Nationality Act 1981, or 300 and 540 days for applications under section 6(2) and otherwise meets the requirements you must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK, and one or more of the following applies:

at least 2 years residence (for applications under section 6(1)), or 1 year (for applications under section 6(2)), without substantial absences immediately prior to the beginning of the qualifying period - if the period of absence is greater than 730 days (for section 6(1)) or 450 days (for section 6(2)) the period of residence must be at least 3 or 2 years respectively

the excess absences are the result of:

postings abroad in Crown service under the UK government or in service designated under section 2(3) of the British Nationality act 1981.

accompanying a British citizen spouse or civil partner on an appointment overseas

the excess absences were an unavoidable consequence of the nature of the applicant’s career, such as a merchant seaman or employment with a multinational company based in the UK with frequent travel abroad

exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now, such as a firm job offer where British citizenship is a statutory or mandatory requirement

the applicant was prevented from being in the UK because they had been removed from the UK, and the decision to remove them was later overturned

the applicant was incorrectly prevented from resuming permanent residence in the UK following an absence

the excess absences were because the applicant was unable to return to the UK because of global pandemic

Did you live in the UK for at least 7 years (without substantial absences just before the start of the qualifying period)? If so, you need to provide proof of that, together with proof your estate is in the UK (the houses you own here).

[Denizok]

Thanks. I only lived here last 5 years..

[Denizok]

If last 5 years and 650days of absence home office cannot use discreation I understand? Am I right

[contorted_svy]

No, you need to wait until your absences go down or see if you can justify your absences under one of the other options.

[Denizok]

Hi
Please see below

- at least 2 years residence (for applications under section 6(1)), or 1 year (for applications under section 6(2)), without substantial absences immediately prior to the beginning of the qualifying period - if the period of absence is greater than 730 days (for section 6(1)) or 450 days (for section 6(2)) the period of residence must be at least 3 or 2 years respectively

My spouse is not British I assume that I am falling unde section 6(1). Does this mean that at the end of 7 years if I have less than 730 days I a can apply to use their discreation?
At the end of 7 years I will have 702 days of absence instead of 450.

Thanks

[Denizok]

There may be misunderstanding.

When you apply after residency of 7 years do day count last 7 years absences or last 5 years absence.
In another words is 720 absences for last 7 years residency?

Thanks

[contorted_svy]

Hi
Please see below

- at least 2 years residence (for applications under section 6(1)), or 1 year (for applications under section 6(2)), without substantial absences immediately prior to the beginning of the qualifying period - if the period of absence is greater than 730 days (for section 6(1)) or 450 days (for section 6(2)) the period of residence must be at least 3 or 2 years respectively

My spouse is not British I assume that I am falling unde section 6(1). Yes

Does this mean that at the end of 7 years if I have less than 730 days I a can apply to use their discreation?
At the end of 7 years I will have 702 days of absence instead of 450.

Thanks

Do you mean 702 days in 5 years or in the 7 years? Note that the 2 years prior to the qualifying period should not have big absences. If all this applies and you supply evidence of your life, family, estate being in the UK then you will be able to apply and ask for discretion. Please note though that there is also the absence requirement of having less than 90 days absence in the 12 months prior to the application date, which you can't exceed or waive if you exceed the 5 year residence requirement.

[Denizok]

Thanks

My lasy 5 years absence is 672,
Last years absence is 80
Last 2 years absence is 200

Thanks

[Denizok]

Residenceny 7 years

[Denizok]

Thanks This is what I am planning according to rules Yo've passed me:

I will apply after 7 years residence situation will be:
Last years absence is 80
Last 2 years absence is 200
My lasy 5 years absence is 672,

I am assuming that 730 absemnce is for last 5 years not 7.
Am I right Thanks

[contorted_svy]

Yes, but you need to not have had substantial absences just prior to the start of the qualifying period.

[Denizok]

Thanks This is what I am planning according to rules Yo've passed me:

I will apply after 7 years residence situation will be:
Last years absence is 80
Last 2 years absence is 200
My lasy 5 years absence is 672,

I am assuming that 730 absemnce is for last 5 years not 7.
Am I right Thanks

[Denizok]

Thank again;
I could not understand absences of starting qualiying period.
This is the situation of absences year by year Year

Absences by year Absences last 5 years
1 146
2 105
3 133 133
4 175 175
5 154 154
6 110 110
7 90 90
Last 5 years 662
DO you see any problems
Thanks again

[contorted_svy]

This is difficult for me to answer as you had 100 ish days of absences in year 2 (which is just before the qualifying period starts). I wouldn't know how many absences in that period the home office would consider "substantial" as the guidance doesn't offer a definition. I don't know whether there have been people that have been approved with that kind of absences, maybe it is worth speaking to a solicitor and see what they say, or try to spend more time in the UK until your absences get under 480 days (30 extra days are normally disregarded). Source is here https://www.gov.uk/government/publicati ... pplication

[Denizok]

Thanks alot