applying for BC by naturalisation (Over 90 days absence)

[Tivenin-susan]

Hi all,
I am applying for British Citizenship by naturalisation and there is two questions that made me very confused!

In brief, i have spent more than 90 days outside the uk in the last year preceding
my application ( 106) days more precisely, so exceeded by 16 days in total.

While abroad, i had an accident causing an injury on my foot so i could not travel back on time to the UK and i have evidence that i will add on my application.

THE FIRST QUESTION IS REGARDING THE RESIDENCE REQUIREMENT AND SAYS:

You must have been in the UK on the first day of your 3-year or 5-year qualifying period
You must not have spent more than 270 days outside the UK during a 3-year qualifying period, or 450 days during a 5-year qualifying period
You must not have been outside the UK for more than 90 days in the last 12 months
You must not have been here illegally in the 3-year or 5-year qualifying period

I have answered NO and explained the reason why i spent more than 90 days abroad in the last year.


THE SECOND QUESTION IS ABOUT SPECIAL CIRCUMSTANCES, IT SAYS:

1: Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?
Yes or No?

2: If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application?

Here, i am very confused!!! SHOULD I ANSWER YES OR NO ?!
As mentioned above, i've already answered why i spent more than 90 days in the Previous question

What do they mean by: (Are there any reasons why you cannot meet the requirements to become a British citizen)?

Do i have to answer the same thing again with explanation OR can i just ANSWER NO to these two questions!!!

Thank you in advance

[contorted_svy]

Hi all,
I am applying for British Citizenship by naturalisation and there is two questions that made me very confused!

In brief, i have spent more than 90 days outside the uk in the last year preceding
my application ( 106) days more precisely, so exceeded by 16 days in total.

While abroad, i had an accident causing an injury on my foot so i could not travel back on time to the UK and i have evidence that i will add on my application.

THE FIRST QUESTION IS REGARDING THE RESIDENCE REQUIREMENT AND SAYS:

You must have been in the UK on the first day of your 3-year or 5-year qualifying period
You must not have spent more than 270 days outside the UK during a 3-year qualifying period, or 450 days during a 5-year qualifying period
You must not have been outside the UK for more than 90 days in the last 12 months
You must not have been here illegally in the 3-year or 5-year qualifying period

I have answered NO and explained the reason why i spent more than 90 days abroad in the last year.

You spent more than 90 days abroad in the last year so you need to answer YES. Home office won't consider your injury as exceptional circumstances I don't think.

THE SECOND QUESTION IS ABOUT SPECIAL CIRCUMSTANCES, IT SAYS:

1: Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?
Yes or No?
Answer YES

2: If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application?

Here, i am very confused!!! SHOULD I ANSWER YES OR NO ?!

Answer YES and see below about discretion over absences in the last year

As mentioned above, i've already answered why i spent more than 90 days in the Previous question

What do they mean by: (Are there any reasons why you cannot meet the requirements to become a British citizen)?

Do i have to answer the same thing again with explanation OR can i just ANSWER NO to these two questions!!!

Thank you in advance

From the guidance https://assets.publishing.service.gov.u ... t_2023.pdf page 13:

Normal permitted absences in final 12 months of your qualifying period
90 days
Total number of absences normally disregarded 100 days
Total number of absences normally disregarded only if all other requirements are met and you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate.

101 – 179 days


Your absences will be disregarded if you supply evidence of having established family/home/estate. Eg send a letter from your employer that you work in the UK, send a tenancy agreement/mortgage record to show you established your home here, etc. So collect this evidence and explain in a cover note that you respect all other requirements and upload it to UKVCAS.

[Tivenin-susan]

Dear contorted_svy,

sorry, I think I've asked my question in the wrong way

THE 1ST QUESTION IS: (Do you meet these residence requirements ?)


You must have been in the UK on the first day of your 3-year or 5-year qualifying period
You must not have spent more than 270 days outside the UK during a 3-year qualifying period, or 450 days during a 5-year qualifying period
You must not have been outside the UK for more than 90 days in the last 12 months
You must not have been here illegally in the 3-year or 5-year qualifying period

I HAVE SELECTED NO


2: Please tell us which of the requirements you do not meet and the reason you do not meet them:

I have answered No to this : (You must not have been outside the UK for more than 90 days in the last 12 months). which means, Yes i have been absent for more than 90 days. and i've explained the reason.

JUST AFTER THIS QUESTION COMES AN OTHER QUESTION SAYING:

Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?
Yes or No?

In case i answer by YES as you advised me, Do i have to write the same previous answer again?

Are 16 days over the absence limit considered as TOO MANY ABSENCES FROM THE UK ???

Just want to mention that i meet all the other requirements.

[contorted_svy]

Dear contorted_svy,

sorry, I think I've asked my question in the wrong way

THE 1ST QUESTION IS: (Do you meet these residence requirements ?)


You must have been in the UK on the first day of your 3-year or 5-year qualifying period
You must not have spent more than 270 days outside the UK during a 3-year qualifying period, or 450 days during a 5-year qualifying period
You must not have been outside the UK for more than 90 days in the last 12 months
You must not have been here illegally in the 3-year or 5-year qualifying period

I HAVE SELECTED NO


2: Please tell us which of the requirements you do not meet and the reason you do not meet them:

I have answered No to this : (You must not have been outside the UK for more than 90 days in the last 12 months). which means, Yes i have been absent for more than 90 days. and i've explained the reason.

JUST AFTER THIS QUESTION COMES AN OTHER QUESTION SAYING:

Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?
Yes or No?

In case i answer by YES as you advised me, Do i have to write the same previous answer again?

Yes, just write the same

Are 16 days over the absence limit considered as TOO MANY ABSENCES FROM THE UK ??? Yes, because they are above the limit of 90 days. More than the limit is too many.

Just want to mention that i meet all the other requirements.

As I said above, enclose evidence of having established your home, estate, family etc in the UK and say in a cover note that you exceed absences for the last 12 months but that you satisfy all other requirements so you ask for discretion and again reference that you established your home, estate, family etc in the UK.

[Tivenin-susan]

Thank you for the clarification.