Many people wish to apply for British citizenship, but because of COVID-19, they might have accumulated too many absences to qualify.

If a person has been granted Indefinite Leave to Remain or settled status, they are eligible to apply for British Naturalisation in order to get British citizenship, providing that they also meet the other requirements.

The limited number of permitted absences from the United Kingdom is one of the most challenging factors. At the time of application, the applicant must not have been away from the United Kingdom for more than 450 days in the preceding 5 years and more than 90 days in the preceding 12 months.

Applicants for Naturalisation in the United Kingdom should not exceed the limit of absences during qualifying periods. These limits include:

No more than 450 days for applicants dependent on their own status, such as holders of a Skilled Worker visa, in the 5 years immediately before their application.

No more than 270 days in the 3 years preceding the application for applicants who are married to British citizens.

Calculation of absent days

The departure and arrival dates do not count toward the absences while applying for British citizenship. The absences from the United Kingdom must include full-day absences. There is no requirement that the applicant typically resides or be domiciled in the United Kingdom.

Exceeding the allowed Absence limits

We are aware that a lot of applicants have traveled outside of the United Kingdom for job or family-related reasons; therefore, it is crucial to know when discretion should be exercised regarding their absences.

In such cases, the Home Office will exercise its discretion to waive absences. For example, if the application exceeds the permitted absences by 30 days or less, or if the excess absences were inevitable due to the nature of the applicant's work, such as frequent trips overseas in connection with employment with a UK-based international company.

On September 1, 2020, the Home Office noted that discretion should be considered if the applicant was unable to return to the United Kingdom because of the global pandemic. This covers situations for British naturalisation applications, where the absences are due to COVID-19.  Due to the coronavirus, a significant number of migrants have remained outside of the United Kingdom, which will be a relief to a large number of applicants.

However, applicants must have spent fewer than 900 days outside of the United Kingdom in the preceding 5 years in order for the discretion to be exercised.

Final Year Absences

The number of absences during the final year will affect whether or not an applicant for British citizenship receives a discretionary decision. Absences of less than 100 days should be granted with discretion. The caseworker may exercise discretion for absences between 100 and 180 days, taking into account your family, employment, and whether you have established a home in the UK.

Discretion may be applied for absences exceeding 180 days in the final year, providing the residence requirement is met for the whole qualifying period, if the caseworker is satisfied that the applicant has established their home in the UK. If they do not meet the residence requirement for the whole qualifying period, discretion will only be applied in exceptional circumstances.

If your absences exceed the requirement in the 3 or 5 years qualifying period, you may contact us for experienced legal assistance; we can advise you on the scope of discretion to be applied in your application.