ILR to citizenship - long absence abroad in 2020-21 (pandemic)

[AjPS]

Dear experts,
I have been in UK on a Tier 2 work visa since 2012 and got my ILR back in early 2019. I want to apply for UK citizenship next (naturalisation) as have had ILR for over 3 years now as well. However, I have a question around Absences during my ILR period.

I usually travel out of UK on holidays and for work in Europe and Asia around 25days on average each year.

However, in June 2020 I flew overseas (to India) and then the pandemic struck and I was away (working remotely) until I returned to UK in mid-Oct. 2021 (i.e., 490days absence, a large part of which was as flights were stopped from India). I want to know what my options are to apply for british passport/citizenship now, as I have been back for over 12months now and been in UK throughout this time, and before this long absence my usual pattern of absence/leave was max. 3-4 weeks per year.

Thanks.

[AjPS]

FYI
counting the 2 yrs before, my total absences for 3 years = 554, and for 5yr. period (under 900day threshold) = 610 - https://assets.publishing.service.gov.u ... retion.pdf so am wondering if I should wait 2yrs to apply under 3yr period or can I apply now and be considered under 5yr approach with discretion

[CR001]

The pandemic struck in march 2020 not June 2020, so you willingly travel DURING a pandemic.

There have been flights. If you got a flight to leave in June 2020, you would have likely been able to find a flight to return much earlier than October 2021.

Sounds more like you didn't actually wish to return and now trying to use the pandemic as an excuse for a very lengthy absence.

[AjPS]

Thanks, to elaborate, I was working remotely in UK from March 2020 till June when I got unwell. Then had to go to India for some medical treatment (have paperwork for the same).

After that UK had suspended flights to India due to the covid surge. I tried returning in Nov 2020 but then India had stopped flights to uk as cases were rising here.
Normal travel between the 2 did resume in May 2021 so am not "blaming" just the pandemic. I did get covid once as well which delayed my return (and have had it once (mild) in UK too despite getting the 3 jabs).

I want to know if the fact that I had 1 long absence while my other travels outside UK over the past 5+ years were all under 25 days, if this helps my case to apply under the 5yr/900day threshold please?
Thanks.

[Ticktack]

Thanks, to elaborate, I was working remotely in UK from March 2020 till June when I got unwell. Then had to go to India for some medical treatment (have paperwork for the same).

After that UK had suspended flights to India due to the covid surge. I tried returning in Nov 2020 but then India had stopped flights to uk as cases were rising here.
Normal travel between the 2 did resume in May 2021 so am not "blaming" just the pandemic. I did get covid once as well which delayed my return (and have had it once (mild) in UK too despite getting the 3 jabs).

I want to know if the fact that I had 1 long absence while my other travels outside UK over the past 5+ years were all under 25 days, if this helps my case to apply under the 5yr/900day threshold please?Yep it matters. It doesn't matter how you got over the threshold, what matters is that you did.
Thanks.

Not judging, but if you were stuck in another country apart from country of origin, I'm sure you'd have found a way to enter the UK.

So it was a choice you made.

[contorted_svy]

You can apply under discretion and explain your circumstances, but it will be up to the HO to accept your application.

Read this, from https://assets.publishing.service.gov.u ... retion.pdf page 17

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 applicant was prevented from being in the UK because they had been
removed from the UK, and the decision to remove them was later overturned
• the applicant was incorrectly prevented from resuming permanent residence in
the UK following an absence
• the excess absences were because the applicant was unable to return to the
UK because of global pandemic

[AjPS]

Thanks. So my options are 1) is to wait with my ILR for 2 more years and then last 3 years would have roughly 90days total absence and then I can apply for citizenship?

2) or apply now when am over the 500 days but well under 900, under the last discretion option.

[contorted_svy]

It would be difficult to argue that all of your long absence was due to the pandemic, as you didn't make efforts to return as soon as travel bans were lifted. It is certainly the safest option to apply when your absences are under the 450-480 days threshold, but it is your decision.

[Ticktack]

Thanks. So my options are 1) is to wait with my ILR for 2 more years and then last 3 years would have roughly 90days total absence and then I can apply for citizenship?

2) or apply now when am over the 500 days but well under 900, under the last discretion option.And lose almost £1,400 (application fee) if it doesn't go well. Less £80!

[contorted_svy]

If you decide to wait, remember that you must have been in the UK on the day that your qualifying period began (5 years + 1 day before you apply). if that date falls during an absence, you can't apply on that day.

[secret.simon]

Also see this similar thread.

Please post any of your responses and questions in this thread below, not the other one linked to above.

[AjPS]

If you decide to wait, remember that you must have been in the UK on the day that your qualifying period began (5 years + 1 day before you apply). if that date falls during an absence, you can't apply on that day.

thanks, I have already been back for over 1 year. to confirm, I need to wait 2 more years? or 4 more? to have this new 5yr timespan?
Have had ILR since Jan 2019 (with 1 long absence in mid 2020-21).

[contorted_svy]

I can't answer the question without knowing the full history of your trips, you will have to work it out yourself!

[AjPS]

I can't answer the question without knowing the full history of your trips, you will have to work it out yourself!

Thanks I got my ILR in Jan 2019 after which I was away outside UK on holiday + travel to visit parents in India for a total of 25days in 2019 (same as each year before since 2010). In June 2020 I went to india and was there for a long absence till Oct 2021. Since then have been back in UK for 1 year now with no overseas absence.

[contorted_svy]

The month is not enough, you need to compute the full length of your absence. I recommend using this website https://www.timeanddate.com/date/duration.html and use a spreadsheet.

[AjPS]

Thanks, I used the above link and made a spreadsheet to document and calculate exact absence:

For Nov 2017 - Nov 2022,
I had only 48 days absence in nov 2017-may2020 and then one long 490days absence (june2020-oct2021) - due to various reasons, and then 0 absence in last 12 months; so my total is 538 days for 5 years.
so more than 450 days (78days extra) but under the 900days for the 5yr process.

Happy to learn if it is worth as option1 - to try to apply for the discretion route instead of waiting 4 more years!

or else, Option2 is to stay on ILR (which I have since early 2019) to keep ILR 4 more years before I apply for naturalisation.

[AjPS]

The month is not enough, you need to compute the full length of your absence. I recommend using this website https://www.timeanddate.com/date/duration.html and use a spreadsheet.

Thanks, I used the above link and made a spreadsheet to document and calculate exact absence:
For Nov 2017 - Nov 2022,
I had only 48 days absence in nov 2017-may2020 and then one long 490days absence (june2020-oct2021) - due to various reasons, and then 0 absence in last 12 months; so my total is 538 days for 5 years.
- so more than 450 days (78days extra) but under the 900days for the 5yr process.

1) Happy to learn if it is worth as option1 - to try to apply for the discretion route;
2) or else, Option2 is to stay on ILR (which I have since early 2019) to keep ILR 4 more years before I apply for naturalisation in 2026!

[contorted_svy]

You have two options:

Apply under discretion, and demonstrate you have 3 years of continuous residence before your long absence started (your long absence likely won't be accepted as due to the pandemic). You can do this using the 2017-2020 period (and maybe add another year before if you can for good measure).

Or as you say wait for a few years and stay on ILR, which is the safest bet. Your application will be straightforward once your absences fall below 450 days in the qualifying period.

Review the guidance for nationality under discretion, there is a section about absences.

[MartinMorrison]

I would correct the idea that if you apply with above 450 days absences it is under 'discretion', and if you are below then it is not. Naturalisation is always by discretion and unlike other applications, eg ILR, even if you meet all of the requirements you may not be granted it. This is why the guidance is even titled 'Nationality policy: Naturalisation as a British citizen by discretion'.

However of course the more of the minimum and simple requirements you dont meet, the more you would be scrutinised and have to prove future intent, residence requirements etc.