Citizenship

[cagla]

CASE:
Having 7+ years residence in UK. 650 absent days previous 5 years.
Reasons for being absent: Family issues ,covid, death , caring health of old parents etc.
Ties UK: Son is a master’s student has two freehold properties on his namae. Wife nd my husband also own two freehold properties. No financial worries . No any kind of government support.

DO you think it is realistic to apply naturalization Thanks

[contorted_svy]

Do you have big absences in the years preceding the qualifying period? The ties to the UK must be demonstrated for you, not your family members, so evidence that you own properties yourself, your family lives here, etc will suffice.

[meself2]

Who is the person applying? Son? Wife? Husband?

[cagla]

Thanks a lot for your quick respond.

1) I am applying as wife of a husband who has ILR.
2) I have property registered on my name and rented. Husband has a property registered on his name and rented.None of properties has morgage. Our son , who was dependent on us now became citizen. has two properties. One is our family house other one is rented. Again no morgage.
3) My absencees are:

2018 year 1 146
2019 year 2 105
2020 year 3 133
2021 year 4 175
2022 year 5 154
2023 Year 6 110
2024 Year 7 90
TOTAL ABSENT DAYS PREVIOUS 5 YEARS: 662

Abcent time is related to: COVID, Death of mother in law 94 years old, Taking care of my mum (93 years old) Accident of husband when he was abroad and constantly managing my brother who has serious physiological problems and under treatment. They are all abroad.

I hope that situation is clear. Thanks

[contorted_svy]

Unfortunately your situation falls in a grey area that I don't know how to interpret as the guidance states that you need not to have had "substantial" absences just before the qualifying period starts. You have 105 days of absence in year 2, I don't know what the HO considers to be a substantial absence in this scenario.

[cagla]

Thanks
Actually not counting travelling days I have th following picture:

Period Year Absence
2018-2019 1 136
19-20 2 96
20-21 3 125
21-22 4 165
22-23 5 146
23-24 6 120
24-25 7 90
Total absence days in qualfying period 196 days (last 5 years)
Total absense before qualiyin period 232
I have mostly family issues for my absent period. All in abroad death, acciadent , elders health problem.
Can I use family issues for absent days?
What kind od evidence Home office requires for family related absence days?

Thanks a lot

[contorted_svy]

Home office doesn't tend to care about the reason for absences unless they are for Crown postings or related to COVID (which are very hard to justify and we only have ever had one successful case documented on the forum so far). It is certainly a better picture, but as I said it is hard to know what the HO would consider "substantial" and you are over 90 days in the year preceding the start of the qualifying period which is more than the 90 days of average absences they expect. Remember also you need to make sure you were physically in the UK and preferably not travelling on the day 5 years before you apply (eg if you apply on the 3 May 2024 you need to have been in the UK on the 4 May 2019).

I think this absence pattern may be OK, with the big caveat that we don't know how the HO would consider "substantial", so there is some risk involved in applying with your situation. As I said above properties in you son's name will not be considered towards your links with the UK - only properties in the UK, and it doesn't matter if they have a mortgage or not.

On the other hand, you are only 16 days of absence above the threshold of absences that normally gets disregarded. Depending on the absence pattern in year 3 (first year of your qualifying period) you may just wait a little bit until your absence count goes down to 480 or less, and apply then, you will have to supply way fewer documents.

[cagla]

Thanks a lot. Following sentence is not is not clear for me:

''Home office doesn't tend to care about the reason for absences unless they are for Crown postings or
related to COVID ''

My absences are related to family issues: : COVID, Death of mother in law 94 years old, Taking care of my mum (93 years old) Accident of husband when he was abroad etc

Does this mean home Office will not use discreation for family issues? SO I should not apply?
Are compelling reasons only job related ones?

Thanks again

[contorted_svy]

COVID can be used as an excuse for absences only if you were blocked outside the country while borders were closed. If you could have come back but chose not to do so discretion won't be exercised. All other reasons may not be viewed as compelling enough to exercise discretion.