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British Citizenship application: Absences above 450 but under 480 days

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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ketantyagi
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Posts: 6
Joined: Mon Jun 27, 2022 12:10 am
India

British Citizenship application: Absences above 450 but under 480 days

Post by ketantyagi » Mon Jun 27, 2022 6:56 am

Hi everyone,

I am planning on applying for my British citizenship application and need the help of people on this forum for advice.

This is my situation:
1. ILR since 2020
2. Have not been outside the UK for more than 90 days in the last 12 months
3. Total absences in the UK in the last 5 years = 474 days (including business trips) / 444 days (excluding business trips).

I just have this one big absence of 314 days between March 2020 to January 2021 as I visited my wife in Canada, and to avoid the risk of travelling during Covid-19 + all the variants and changing rules, just didn't take a flight back till Jan 2021. Apart from that, all my absences are not large absences. And Since then, I've established a home in the UK.

Based on page 11 of the AN guide (https://assets.publishing.service.gov.u ... _final.pdf) - it seems they disregard absences up to 480 days.

If that's the case I think I should be fine - and this is where I'm looking for advice:


1. For the question on the application - should my answer be yes or no since although I exceed 450 days, I didn't spend more than 90 days outside the UK:
"
If you are the husband, wife, or civil partner of a British citizen, you must have been in the UK for the last 3 years. If you are not the husband, wife, or civil partner of a British citizen, you must have been in the UK for the last 5 years. This is called your ‘qualifying period’.

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"


2. Do I need to provide any extra information to explain why it is 474 days?


Any advice on this would be much appreciated!

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alterhase58
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Joined: Fri Aug 26, 2016 12:02 am
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Germany

Re: British Citizenship application: Absences above 450 but under 480 days

Post by alterhase58 » Mon Jun 27, 2022 9:46 am

ketantyagi wrote:
Mon Jun 27, 2022 6:56 am
2. Do I need to provide any extra information to explain why it is 474 days?
The guidance is guidance, even though they say 480 days is disregarded best to include a note as to the reasons why you are over. Just a bullet point explanation, nothing convoluted. Then you have covered all angles.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

ketantyagi
Newly Registered
Posts: 6
Joined: Mon Jun 27, 2022 12:10 am
India

Re: British Citizenship application: Absences above 450 but under 480 days

Post by ketantyagi » Tue Jun 28, 2022 3:06 pm

alterhase58 wrote:
Mon Jun 27, 2022 9:46 am
ketantyagi wrote:
Mon Jun 27, 2022 6:56 am
2. Do I need to provide any extra information to explain why it is 474 days?
The guidance is guidance, even though they say 480 days is disregarded best to include a note as to the reasons why you are over. Just a bullet point explanation, nothing convoluted. Then you have covered all angles.
Thank you!

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