Applying for naturalisation as a British citizen is a significant step for many individuals seeking to become British nationals.
One of the key considerations in the application process is understanding the rules regarding permitted absences from the UK.
This article outlines the guidelines under the British Nationality Act 1981, focusing on permitted absences, exceptions, and the discretionary powers of the Home Office.
Permitted Absences:
To qualify for naturalisation, applicants must meet specific residency requirements, primarily regarding their absences from the UK during the qualifying period.
Applicants under the 5 years’ qualifying period must not have been absent from the UK for more than 450 days in the last five years, and no more than 90 days in the last 12 months before applying.
Applicants under the 3 years’ qualifying period (married or in a civil partnership with a British Citizen) must not have been absent from the UK for more than 270 days in the last three years, and no more than 90 days in the last 12 months before applying.
Exceptions to the Absence Rules:
There are certain circumstances where absences may be treated differently:
– Crown Service: If you are a member of the armed forces or a civil servant serving overseas, your absences may not count against the limits.
– unavoidable consequence of the nature of your work. For example, if you are a merchant seaman or someone working for a UK based business which requires frequent
travel abroad
– Serious or Compelling Reasons: The Home Office may consider applications with compelling reasons for exceeding the absence limits, such as health issues, family emergencies, or other significant life events.
-Global Pandemic
Discretionary Powers of the Home Office:
The Home Office retains discretion in reviewing applications, even if applicants do not meet the strict absence criteria. Factors that may influence their decision include:
– The overall strength of the application, including the applicant’s integration into UK
society.
– The reasons for absences and any supporting documentation provided.
– The applicant’s character and conduct during their residency.
To request discretion, you will have to show that you have established your home, family, a substantial part of your estate and you have resided in the UK for a substantive period of time going from 7 years and above.
Guidance for Applicants:
1. Document Your Absences: Keep thorough records of travel dates and reasons for absences to present a clear picture during the application process.
2. Provide Evidence of Ties to the UK: Demonstrating strong ties, such as employment, property ownership, and family connections, can bolster your case.
3. Consult Legal Advice: Consider seeking legal advice or assistance from STAY UK to navigate the complexities of the application process.