Naturalisation absence limit

[Tivenin-susan]

Hi everyone
I am very worried and confused. hope someone can help me

I Hold an ILR (5 years route) and my husband holds a British passport.

I applied for naturalisation last February and during the last year of my application( from feb 2023 to feb 2024) i spent more than 90 days outside the uk. i explained the reason of my overstay in a cover letter + proofs.

I couldn't apply under the Section 6(2) (the three year partner route) because i was outside the UK for more than 270 in the last 3 years before applying

I decided to apply rather under Section 6(1) (the five year non-partner route) as i was absent for LESS than 450 days in the 5 years prior to my application

When i filled in the application form online, there was no question about which route to choose so i thought they will know it automatically . till few minutes ago i read in this forum a moderator advising someone who is applying soon to precise under which route he will be applying either 6(1) (the five year non-partner route) or 6(2) (the three year partner route).

Now i am very worried because in my application i didn't put that i wanted to apply under 6(1) (the five year non-partner route) so if they take into account the three year partner route where i was more than 270 days outside the uk+ more than 90 days outside the uk in the last year i will get a refusal

just want to mention that I gave my husband's details in the application as there was questions and had to answer

Could you please tell me if it's possible to send a cover letter where i explain the situation or it's too late?

[alterhase58]

UKVI caseworkers will know what route you are applying under, that's why there's no option for this in the form.
Presumably you basically applied as an individual (not spouse) so that should be fine. Providing a covering note is optional and often advised because applicants don't know how it works and get nervous. The end result will be the same, i.e. citizenship, irrespective under which route.

Just remembered, I applied under 6(1) and my certificate shows 6(2)! Did mention on my application my wife's details. A few years ago but the rules around naturalisation have changed very little.

[Tivenin-susan]

Than you so much alterhase58 for your quick response
So if i understood well, there is no need for any further action from my side!

Just one last question if i may!

In this case, Will they calculate both 5 years and 3 years absence and know that i was applying under the five year non-partner route ?!!

[alterhase58]

If you applied on the five year basis you wouldn’t include evidence that your spouse is a British citizen. We don’t know what calculations they do.

[contorted_svy]

If you didn't supply copy of spouse's passport and marriage certificate your application will be considered under 6(1).

[Tivenin-susan]

I provided my husband's passport and a marriage certificate as they asked for them on the application form and the check list

when i was filling the form there was a question: are you married... i put yes then they asked for more details

Could you please tell me if there is only ONE NATURALISATION APPLICATION FORM for everyone or am i missing something?

[contorted_svy]

Yes there is. Based on what you declare/attach they will decide how to consider your application.

Maybe it is worth for you to contact UKVI as soon as possible and clarify you want to apply under section 6(1) - out of curiosity by how much did you exceed the absence requirement for the last 12 months? And did you provide absences for the last 3 years only or for 5 years?

[Tivenin-susan]

I exceeded the absence limit by 16 days in the past 12 months

I just checked my cover letter and and by miracle the first sentence i wrote is exactly as followed:

I, xxxx xxxxxxx would like to apply for a British Citizenship by Naturalisation under Section 6(1) of the British Nationality Act 1981.

Then the rest of the letter was about the reasons of my absence for more than 90 days.

I also provide my absences for the past 5 years ( from 2019)


As an over-thinker and a very stressed person, i know i will think about this for weeks and months before i get any response from them

Could you please tell me if the first sentence of my cover letter plus the 5 years absence provided on the application are enough or i still have to contact the UKVI ??I

[contorted_svy]

Did you demonstrate "links with the UK through presence of family, and established home and a substantial part of your estate"? You are required to, as you exceed the absences requirements in the last 12 months by more than 11 days. The cover letter you wrote should cover you for what concerns the 6(1) or 6(2) uncertainty, but the HO is interested in links to the UK, not reasons for excess absences. If you didn't evidence that in any way, I suggest you contact UKVI with further evidence in support of this.

[Tivenin-susan]

yes i did demonstrate links with the UK through presence of family, and established home and a substantial part of my estate... and got proofs from doctors as well that at that time i couldn't travel

The question now is: Is the fact that i mentioned in the first sentence of my cover letter that i am applying under section 6(1) enough or not?

Thank you in advance for your help

[contorted_svy]

I think it should be. Caseworkers read and consider everything you submit, not just the application, and you specified you are applying under Section 6(1).