- - Italian Passport.
- Moved in the UK in 2009.
- 2013: Graduated (BSc) in a London University in Computer Science (if that matters for my connections with the UK)
- Spent from September 2015 to November 2018 working abroad (Czech Republic).
- Came back to the UK in November 2018.
- Granted SS status under EU Settlement scheme in May 2020 (after proving Continuous residence between 2009 and 2014).
- - Settled Status for 12 months or more? Check
- Not more than 90 days abroad in the year preceding the application date? Check
- Was physically in the UK exactly 5 years preceding the application date? Check
- Max 450 days abroad in the 5 year period preceding the application? I don't pass this one:
Under the official guidelines, I see:
"Absences during the qualifying period
Where an applicant has spent more than the 450 days for section 6(1) applications, or 270 days for section 6(2) applications, outside of the UK during the qualifying period you must consider exercising discretion if they meet the other requirements.
Where the applicant has absences of between 480 and 900 days for applications under section 6(1) of the British Nationality Act 1981, or 300 and 540 days 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:
postings abroad in Crown service under the UK government or in service designated under section 2(3) of the British Nationality act 1981.
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
"
If I understand correctly, for the discretion to be accepted, I would need to have "established their home, employment, family and finances in the UK" AND my reason for absences due to the pandemic are convincing to the case worker.
"estabilished their home" In this context, what does it mean? during my total time in the UK, I have been living in 9+ different addresses (by paying rent as tenant). Did I establish my home?
"Employment": I have been working during my time in the UK, so that should be ok
"family and finances in the UK": I am single, and the only member of my family living abroad, does this mean I have not established my family in the UK and therefore will be refused discretion?
"the excess absences were because the applicant was unable to return to the UK because of global pandemic": I stayed 260 days in Italy to be around my mother that was working as nurse in a hospital during the pandemic, as that was a very emotionally challenging time for her. But the wording is "was unable to return to the UK", I wouldn't know how to prove that, as I don't remember if I was physically unable to return to the UK and I don't remember the constantly changing travel advisories/bans across that time-span.
Anyone has information/advice on my situation?