Absence Rolling for Naturalisation

[Dea guy]

Dear Seniors,

Hope you are very well and safe with your families.
I have a question of absence rolling for naturalisation
I was on Ent. tier (50k) route. I got ILR on 16 November 2019. I went back home in March 2020 with family and spent 169 days there because of lockdown and flights suspension in the country. There is Home Office announcement on first September 2020 that use the discretion if the absence is more than 100 days and less than 180 and applicant was not able to travel because of the Global Pandemic.

I have been out of UK for 314 days in last 5 years. After getting ILR I have been out of UK for 169 days.

Can I apply for Naturalisation and do you think application will be successful bcz absence was due to Covid-19?

Flights and airport cancellation proof is available.



Thanks.

[CULLINAN]

Yes as long you can satisfy point 1 also:

Last year absence:

of more than 100 days but not more than 180 days where the residence requirements over the full qualifying period are not met - consider exercising discretion if both the following apply:

1) applicants have demonstrated that they have made this country their home
by establishing a home, employment family, property and finances in the UK

2) the absence is justified by Crown service or by compelling occupational or
compassionate reasons, including inability to travel because of a global
pandemic

Satisfying (2) is tough also because majority airports and flights are operating for long enough now. Not sure about your home country’s airports though.

https://assets.publishing.service.gov.u ... n_v6.0.pdf

[Dea guy]

Yes as long you can satisfy point 1 also:

Last year absence:

of more than 100 days but not more than 180 days where the residence requirements over the full qualifying period are not met - consider exercising discretion if both the following apply:

1) applicants have demonstrated that they have made this country their home
by establishing a home, employment family, property and finances in the UK

2) the absence is justified by Crown service or by compelling occupational or
compassionate reasons, including inability to travel because of a global
pandemic

Satisfying (2) is tough also because majority airports and flights are operating for long enough now. Not sure about your home country’s airports though.

https://assets.publishing.service.gov.u ... n_v6.0.pdf

Please find attached letter. Govt announced the flight operation from 8 August 2020 and i had tickets of PIA which has been banned in Europe and UK. I had to buy another airline tickets. Also my area came in smart lockdown. I have that photo which shows street is sealed.
do you think this will be sufficient ?

Thanks.

[CULLINAN]

As I said previously, you will have to fulfil point 1 also. Delay due to pandemic alone is not enough if you do not fulfil point (1).

applicants have demonstrated that they have made this country their home
by establishing a home, employment, family, property and finances in the UK

Also, note, British Citizenship is discretionary and not an entitlement for you.

It is entirely up to the CW to apply discretion or not. Looking at your last 1 year absences, its almost double than permitted.

Note, my friend was also stuck in Pakistan in March but he was able to get back to UK in June on a special flight as he had to apply for Naturalisation also. So flights were still operating June onwards.

By looks of it, its a weak case as long you can strongly support it and given you fulfil point 1 also.

You may wish to proceed and apply. If your application is refused, you will loose your fees. You will be able to apply again when you meet the residence requirements.

[Dea guy]

How can i prove the point 1? I m here for 11 years. Living with family and having all tenancy paper and company here.

[CULLINAN]

How can i prove the point 1? I m here for 11 years. Living with family and having all tenancy paper and company here.

You would have to prove more than that. Property in your name or good bank balance/finances etc.
As I said, BC is discretionary. I can not comment if it will be refused or accepted. I have provided you guidance as per what the rules say. Decision is yours.