Slightly above absence threshold - additional evidence ?

[Eastv]

Hello!
Asking for a friend who’s applying on the 5-year route for naturalisation:

In terms of absences:
Absences in last 12M: 95d
Absences in last 5Y: c. 350d

While total days absence in last 5Y is OK, I understand that the threshold for absences in final year is 90, and that given it’s between 90-100, the caseworker would apply discretion.

If so, Is there anything else that should be highlighted in the application?
We can evidence that he has always had a flat here and full employment history (P60s).

Anything you would suggest adding?
Would you suggest to add a cover letter in this case and explain? Or would a caseworker know what to look for in the uploaded docs ?

Thank you!!!

[alterhase58]

I recommend a short cover note explaining why the final year absences are a bit over the normal limit.
It shouldn't be an issue as long as all other requirements are met. No need to provide extra proof of residency - for a few days.
I would expect caseworkers to apply their discretion for a few excess days automatically but it's good to be pro-active, in my view.

[contorted_svy]

Hello!
Asking for a friend who’s applying on the 5-year route for naturalisation:

In terms of absences:
Absences in last 12M: 95d
Absences in last 5Y: c. 350d

While total days absence in last 5Y is OK, I understand that the threshold for absences in final year is 90, and that given it’s between 90-100, the caseworker would apply discretion.

If so, Is there anything else that should be highlighted in the application?
We can evidence that he has always had a flat here and full employment history (P60s).

Anything you would suggest adding?
Would you suggest to add a cover letter in this case and explain? Or would a caseworker know what to look for in the uploaded docs ?

Thank you!!!

No need to add anything; just comment that you know you are over the threshold, but that according to guidance absences under 100 days in the last year are disregarded. You do need to make sure your friend meets all other requirements as one can only ask for discretion on one requirement.

[Eastv]

Thank you!

Sorry for this naive question -
But if up to100 days of absences are normally disregarded, why is the limit then just simply 100 and not 90?

Thank you

[alterhase58]

Thank you!

Sorry for this naive question -
But if up to100 days of absences are normally disregarded, why is the limit then just simply 100 and not 90?

Thank you

90 days is laid down in law, the British Nationality Act, and case workers are bound by it.
Of course real life doesn't work like that and UKVI give applicants a little bit of slack, instead of just refusing point blank at 90. So 90 days is the law and it's best to stick with that number to avoid questions being raised.