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Because immigration processes and laws end at ILR/PR/Settled Status. Naturalisation and nationality are under completely different laws and regulations, which do not share all the same relaxations as immigration law.pterodactylus wrote: ↑Tue Feb 16, 2021 6:20 pmFurthermore, when applying for settled status, one is allowed to be absent for 'one period of up to 12 months for an important reason', and 'study' is explicitly mentioned. I don't see why the same would not apply to the citizenship eligibility rules.
Your completion of a study course abroad is unlikely to come under the "unavoidable consequence of the nature of a career" option, because the idea of exercising discretion in that circumstance is that otherwise, in the absence of such discretion being exercised, the applicant would never be able to naturalise unless they give up their career.Naturalisation at discretion caseworker guidance wrote: (Page 16)
Where the applicant has absences of between 480-900 for applications under section 6(1) of the British Nationality Act 1981, or 300-540 for applications under section 6(2) and otherwise meets the requirements you must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK, and one or more of the following applies:
• at least 2 years residence (for applications under section 6(1)), or 1 year (for applications under section 6(2)), without substantial absences immediately prior to the beginning of the qualifying period. If the period of absence is greater than 730 days (for section 6(1)) or 450 days (for section 6(2)) the period of residence must be at least 3 or 2 years respectively
• the excess absences are the result of:
o postings abroad in Crown service under the UK government or in service
designated under section 2(3) of the British Nationality act 1981.
o accompanying a British citizen spouse or civil partner on an appointment overseas
• the excess absences were an unavoidable consequence of the nature of the applicant’s career, such as a merchant seaman or employment with a multinational company based in the UK with frequent travel abroad
• exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now, such as a firm job offer where British citizenship is a statutory or mandatory requirement
• the excess absences were because the applicant was unable to return to the UK because of global pandemic
Where an applicant’s absences exceed those covered above it is highly unlikely that discretion would be appropriate. You should normally refuse the application and advise them to re-apply when they are able to bring themselves with the statutory requirements, unless there are specific circumstances that warrant exceptional consideration at a senior level
Given that you lose the fee of ~£1200 if your application fails (you will be refunded the £80 for a citizenship ceremony though, if that is any consolation), most applicants who do not meet the exacting requirements tend not to apply (unless they have that amount of money lying around that they can afford to lose).pterodactylus wrote: ↑Tue Feb 16, 2021 6:47 pmDo you know anyone in my position who has applied for naturalisation (and the respective outcome of their application)?
You almost certainly filed API with the airlines/ferries/Eurostar, even when travelling within the EU. That information would be shared by the airlines/ferries/Eurostar with the border agencies where the journey started and ended, which in the UK would be the UKV&I.pterodactylus wrote: ↑Tue Feb 16, 2021 7:11 pmI have never filed anything when entering/leaving the UK.
You can't have acquired pre-settled status in 2016, because it did not exist then. Did you mean 2019?pterodactylus wrote: ↑Wed Feb 17, 2021 4:52 amIn other words, it seems that I will only need to provide proof of CSI for the period prior to obtaining pre-settled status (i.e. 2016-2020), and S041 should be enough.