Time spent overseas should not deter you from pursuing British Citizenship. With careful planning and compelling circumstances, you application can still be successful.
Understanding the Absence Requirements
The qualifying period is the time spent in the UK before the date of your British Citizenship application. The absence limits are 270 days for a three-year qualifying period and 450 days for a five-year qualifying period. In the final year before your application, you must have been outside the UK for no more than 90 days.
Why are there 3-year and 5-year periods?
The 3 and 5-year qualifying periods for British citizenship are designed to assess an applicant's commitment to the UK as their permanent home.
The 3-year period is for individuals married to a British citizen. The rationale behind the shorter period is that the marriage creates a strong connection to the UK. The 5-year period is for people who are not married to British citizens and thus need to demonstrate a greater commitment to the UK. This 5-year period gives individuals time to integrate into British society, establish ties and prove that they intend to make the UK their permanent home.
Qualifying periods serve to safeguard the integrity of British citizenship and ensure that successful applicants are those who genuinely made the UK their home. Excessive absences can cast doubt on whether someone genuinely intends to permanently reside in the UK.
Providing Reasons for Excessive Absences
To justify excessive absences you should provide compelling reasons, such as work commitments, family emergencies, health issues or global pandemics. Supporting documents like work itineraries, medical certificates or flight cancellations can strengthen your case. In the cover letter, clearly explain the reasons and demonstrate strong ties to the UK.
Understanding the Brackets
There are different brackets of absences which are permitted. For a 3-year qualifying period, up to 270 days of absences from the UK are permitted. For a 5-year qualifying period, up to 450 days of absences from the UK are permitted. However, the Home Office can exercise discretion for additional absences, specifically 270-540 days for a 3-year qualifying period and 450-900 days for a 5-year qualifying period, if you provide compelling reasons for the absences and meet the other application requirements.
There is also a 30-days lenience going over 450 days or 270 days, which would usually be disregarded by the Home Office. When exercising discretion, the Home Office will consider the nature of the absences, the frequency and duration of absences, the consistency of your presence in the UK and the strength of your ties to the UK. If the circumstances surrounding and reasons for your absences are compelling, and they fall within this 30-day limit, the Home Office may be inclined to exercise discretion and overlook the excessive absences. However, there is no guarantee of this, and cases vary.
Ties to the UK
Additionally, it is important to demonstrate strong ties to the UK through your home, family, employment and finances. Demonstrating strong family ties to the UK is an important aspect of your citizenship application. It helps to reinforce your connection to the country and your intention to make it your permanent home.
One of the most significant ways to demonstrate family ties is through marriage or a civil partnership with a British citizen or person with settled status. This indicates a strong bond to the UK and can be a persuasive factor in your application. Another important factor is having children who are British citizens or settled persons. This demonstrates a direct connection to the UK through your family.
Even if you do not have immediate family members who are British citizens or settled persons, you may still be able to demonstrate family ties. This could include parents or siblings who live in the UK, extended family members who are British citizens or settled persons, or close friends who are British citizens or settled persons.
Additional Tips
If your absences are over the limits, you may also consider waiting and applying when these fall back within the permitted limits. However, should you wish to submit an application for British Citizenship with excessive absences, then by presenting compelling evidence and clearly articulating your reasons for absences you can increase your chances of a successful application. Consulting an immigration expert can provide personalised guidance. Approach your application with a positive attitude and emphasise your intention to make the UK your home.
Conclusion
While excessive absences can be challenging, with the right approach and evidence you can increase your chances of a successful British citizenship application. Gherson is here to help you overcome any obstacles to your application and help you achieve your desired outcome.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.