Many ILR application categories allow up to 180 days outside the UK per 12 month period. The absence requirement of naturalization is more stringent. When individuals apply citizenship, they must meet strict limit of their absence from the UK. Whole absent days will be counted but the dates of departure and arrival will not be calculated. 

Spouse of British Citizen 

A spouse of British Citizen is eligible to apply UK citizenship when an applicant has only lived in the UK for three years before making an application. A spouse is allowed to stay less than 90 days in the last 12 months and 270 absent days in total during the proceeding three years. As this is stricter limit in relation to the absence than spouse ILR application, some of applicants may have the possibility of accidentally exceeding the limit. 

Other route

The vast majority of applicants need to have lived in the UK for six years before making a citizenship application. They must be free of immigration time restrictions for 12 months prior to submitting their application. Individuals need to demonstrate that they have spent no more than 90 days outside the UK in the last 12 months and they have not been absent for more than 450 days in the last 5 years for an application. 

It is highly important that both applications need to show that the absences have not exceeded 90 days in the last 12 months.

Excessive absences

As the applicants satisfy complex requirement related to their residence and absences from the UK than ILR application, they sometimes find excessive absences when they submit applications. The Home Office, however, offers discretion regarding absences and usually disregard up to 100 days during the last 12 months and 450 days across the previous five years. 

Additional absences may also be overlooked if an applicant have excessive absences and demonstrate strong ties to the UK. Applicants need to provide compelling or compassionate reasons and detailed evidence for the excessive absences. The caseworker will consider applicant's employment, families' residence, documentation of over five years of living period and most importantly whether if UK is home to an applicant. 

If you require legal advice on absences for naturalization applications or you need any other advice, please send us message or contact us.