Naturalisation Leave of Absence rule

[Mk2911]

I wish to apply for citizenship., will the leave of absence during the last five years affect the citizenship application. We haven't spent more than 2 weeks outside the country in last 12 months but we have spent over a year in 2022. Left UK on 22 May 2022 and returned on 07/06/2024 - 382 days

I was granted ILR through spouse visa 5 year route in which I had spent 382 days abroad.

Now I wish to apply for British citizenship but how long will I need to wait, was granted ILR in October 2024.

Since then I have been abroad for 8 weeks so far

[contorted_svy]

Are you married to a British citizen?

If yes:

Provide a list of all your trips abroad, with dates of exit and entry in the UK, for the last 3 years

If not:

Provide a list of all your trips abroad, with dates of exit and entry in the UK, for the last 5 years. You will need to wait until October 2025 to apply for citizenship.

[Mk2911]

Hi, yes I am married to British Citizen and also have 2 children both British Citizens.

Here are the dates of my trips abroad - I currently have ILR granted October 2024

12/08/2020 - 22/08/2020 - 10 days

22/12/2020 to 03/03/2021 - 71 days

22/05/2022 to 07/06/2023 - 381 days

05/12/2024 to 20/12/2024 - 15 days

After ILR - 13/01/2025 to 10/03/2025 - 56 days

Total 533 days in last 5 years

[contorted_svy]

You can apply although you will need to ask for discretion as your absences were more than 270 days in the last 3 years.
In order to ask for discretion you need to prove that you have established your home, family and a substantial part of your estate in the UK. To do this you can submit a letter from your employer, a tenancy agreement, birth certificates of your children. You will also need to send a full list of your trips in the last 5 years as well as your passport covering the last 5 years. You need to apply before the 21/05 or else you will result as absent on the first day of your qualifying period and you can only ask for discretion on one requirement - if you can't apply before then, you will need to wait until the 8/06/2026.

You can review the full guidance here https://www.gov.uk/government/publicati ... accessible

[Mk2911]

So I can basically apply now with a discretion letter? Yes we have our life established here. My partner has a house that is on mortgage, I am currently off work as I had a baby in September (currently receiving maternity allowance) from the government.
I intend to go back to work in May. Just worried that due to my leave of absence my application will get rejected and lose the fees. I really need to get citizenship as soon as possible. Also how is 21/05 date calculated for qualifying period?

[contorted_svy]

You need to have been present here on the same day 3 years ago to the day you apply. So as you left the UK on the 22/05/2022 you need to apply before then.

Please note that the mortgage needs to be in your name, so if it's in your partner's name only that won't work. You need to provide proof as I said above of your life in the UK for the last 5 years. If you provide proof as I said you won't lose the fees. Or else you can wait until June 2026 as I said above and you wouldn't need to ask for discretion.

[Mk2911]

I mean the citizenship is important to me and quite urgent. For proof I have plenty of NHS Letters
- my husbands mortgage
- my name on utility bills
- my bank statements
- letter from my employer
- children’s birth certificate (both born here in UK)

Is this enough? Will my naturalisation get approved?

[contorted_svy]

No one can guarantee that an application will be approved - we are not caseworkers.
Mortgage is unnecessary as not in your name. The other documents you mention will be OK, just review my previous posts and the guidance I linked above.

[Mk2911]

Yes I am preparing an application now. hopefully my money in fees won’t be wasted.

[Mk2911]

My application is ready. I have filled everything in. The fee is £1735. I am requesting discretionary for leave of absence. I would like to know if I should go for it or wait until June 2026 until I can apply without worrying about leave of absence?

[CR001]

Only you can decide if you want to take the risk. If your application is refused, you lose most of the fee paid.

[contorted_svy]

I advised you about what documents you should include. If you can't find such documents I would advise you wait to apply without asking for discretion. If on the other hand you can collect and show that evidence, your application will be in accordance with the guidance and you have a good chance to succeed. Ultimately the decision is yours.

[Mk2911]

Thank you

Here are the documents I have and wish to apply with

- Employment letter (currently on maternity leave)
- birth certificate of both my children (British nationals)
- NHS letters
- utility bills under my name
- marriage certificate (husband is a British national)
- proof of life established in Uk (multiple different letters from utility, bank, nhs)
- mortgage is under my husbands name
- council tax bill
- joint bank account with my husband
- children child benefits
- husband’s passport (British, naturalisation certificate)

Also my reason to stay out of the UK was that I had a traumatic experience giving birth to my eldest and needed support from my mother who lives out of Uk. Would it be ok? Thank you

[contorted_svy]

Thank you

Here are the documents I have and wish to apply with

- Employment letter (currently on maternity leave)
- birth certificate of both my children (British nationals)
- NHS letters
- utility bills under my name NOT NEEDED AND NOT ACCEPTED
- marriage certificate (husband is a British national)
- proof of life established in Uk (multiple different letters from utility, bank, nhs) UTILITY BILLS NOT ACCEPTED, NHS AND BANK STATEMENTS OK
- mortgage is under my husbands name DON'T SUBMIT THIS! IT'S NOT IN YOUR NAME, SO IT'S NO USE
- council tax bill NOT NEEDED
- joint bank account with my husband
- children child benefits
- husband’s passport (British, naturalisation certificate)

Also my reason to stay out of the UK was that I had a traumatic experience giving birth to my eldest and needed support from my mother who lives out of Uk. Would it be ok? Thank you NO JUSTIFICATION NEEDED FOR YOUR ABSENCE. JUST ASK FOR DISCRETION AS IT IS PERMITTED UNDER THE RULES