Excess Absence MArried to BC 3year qualifying period.

[Jammers1]

Hi All,

Hope that someone may be able to advise me on this query. I returned to the UK on 16-02-2022 on a returning resident visa (ILE) - I subsequently returned to SA in 2022 to finalise our move to the UK, however I was delayed by various issues , mostly down to my business partner in SA becoming ill and unable to work - the plan had been that he would take over the running of the business, but I needed to stay to keep things going for him. I finally was able to return to the UK on 05/02/2023 and have been here since then with no further absences. Total absences are at 345 total ( 0 in the last 12 months) My wife and both our children are BC's and are settled in the UK. I am employed and we are totally settled here and I was hoping to submit my naturalisation application in Feb.

Now for the question, I read the advice regarding excess absences and I thought I would be ok , but having re read it I fear I may have misunderstood. It says that absences up to 450 days will be accepted provided that the applicant can show that they are settled her and have their finances etc in the UK (I can tick that box), but it goes on to say that the applicant must also have been resident in the UK for 1 year PRIOR to the qualifying period. I obviously wasn't resident in the year prior to my arrival in 2022 so am now concerned that my application will be refused on this basis.

I hope that that kind of makes sense , and hopefully someone has a bit of advice or has been in a similar situation.

Many thanks for your help

Jamie

[contorted_svy]

If you weren't resident in the year prior to your qualifying period started, your application will be refused. you need to wait until Feb 2026 and apply then - only one more year.

[Jammers1]

Thanks for the feedback.