None EU, discretion 600 days in 5Y, PhD prior to 6Y, 270 days humanitarian support

[LBUK1213]

None EU with ILR for 1 year and spent 600 days within the last 5 years and willing to request discretion in line with citizenship guidelines. Appreciate advice on the following:
1- is physical presence on tier 4 student visa (4 years PhD) prior to tier 2 (5 years) with 2 months gap count in the “at least 2 years residence (for applications under section 6(1)), 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))”?
2- what is considered substantial absence, as research (when in tier 4) required some travel abroad almost half the time?
3- I Have addressed a humanitarian crisis within the last 5 years in 2020 (270 days in one trip)while maintaining full time uk employment, without that time, I'll be within the 450 days acceptable limits. This has been accepted for ILR, however not sure whether it also applies as discretion for citizenship. All other criteria are met ( family, home and work in Uk with no criminal records or immigration issues ).
4- Can this 270 day one trip fall into “ the excess absences were an unavoidable consequence of the nature of the applicant’s career”?

Your feedback would be highly appreciated

[Zerubbabel]

When it comes to seeking discretion, nobody can tell you for sure if it will be granted or not. By definition, you are within an area where your application doesn't tick all the boxes and you are asking them to make exceptions for you.

Are you married to a British citizen? In such case, the qualifying period is 3 years.

Is your life genuinely in the UK? Can you prove it?

When you say you have "family" in the UK, what does it mean? I am not talking about having a brother or a cousin here.

• But do you have a spouse here?
  Do you have kids?
  Do they attend school in the UK?
  Do you have your own place to live or are you in c/o someone?
  Do you pay taxes in the UK?

They usually refuse citizenship if they feel the applicant doesn't live in the UK or doesn't intend do so in the future. Where the applicant is just keeping a minimal footprint for administrative reasons, the application usually fails.

If you can demonstrate you actually live in the UK and the absences are "an unavoidable consequence of the nature of your job" as per the British Nationality Act, you can give it a try. But make sure you prove everything and add supporting documents.

The risk of refusal is always there. So go carefully and only if the £1330 + Sopra Steria are not a big deal for you.

If they refuse your application, you will have to change your absences pattern in order to meet the criteria in the future. I have a friend who recently refused a posting abroad. It was a big promotion and advancement in his career but that posting would have compromised his ability to apply for citizenship in the future. It's sad, but when you are a foreign under immigration rules, you have often these limits on your way.