absences during qualifying period

[prreddy]

Hi,

I have received ILR in Feb 2025. I will be eligible for naturalization in Feb 2026.

I was stuck out out of UK for almost 20 months during covid. these absences fall under 5 year ILR qualifying period. I have clearly explained in covering letter the reasons. Home office have issued me ILR considering the pandemic and with all the proof's I have submitted.

I have 2 issues for naturalization application as well. the same above dates will affect the below requirements:

1. applicants to have been in the UK on day 1 of the qualifying period
2. applicant has spent more than the 450 days.

will the home office consider the absences for naturalization application as well as they did for ILR?

[contorted_svy]

Very unlikely that the HO will waive both requirements. You need to wait until your absences fall under 450 days in the last 5 years and revisit the discretion about being stuck out of the country then. The situation you have outlined is quite risky.

[prreddy]

thank you for your reply.

the AN guidance has the same exemptions listed for the absences similar to ILR exemptions. my absences fall within those exemptions.

my query is, when home office accept for ILR why would it affect naturalization. I have lied and worked in this country for 18+ years.

[CR001]

The rules that apply to ILR are not the same as the laws that apply to citizenship.

Citizenship is not an immigration application and for citizenship there are statutory requirements set in law which you must meet, one of them is being physically present in the uk on day 1 of your qualifying period.

If you fail to meet two of the requirments, your application is highly likely to be refused.

Note that it is not compulsory to apply for citizenship as soon as you have 1 year ILR.

[prreddy]

I totally agree to your point that citizenship is not an immigration application.
I'm totally relying on the citizenship guidance.

Citizenship guidance has some exemptions for long absences and my absences fall within those exemptions.

I'm not relying on the exemptions issued for ILR for naturalization.

I agree I fail both requirements. but they are within the exception allowed, as absence due to pandemic is explicitly listed in the guidance.

[contorted_svy]

Yes, but you can only ask for discretion on one requirement, not two. So as I advised, wit until your absence days fall under the 450 days limit and then ask for discretion only on the other requirement.