Extreme Absences In Naturalisation Purposes

By Alexandra Pease – Barrister Accomplice

22 Mar 2025

In This Article

1. Assembly the Absence Requirement and Avoiding Extreme Absences for Naturalisation
2. Dwelling Workplace Steerage on Timing and Extreme Absences
3. Most Allowable Absences for British Naturalisation Purposes
4. Calculating Absences from the UK for Naturalisation Purposes
5. Discretion for Extreme Absences in Naturalisation Purposes
6. Contact Our Immigration Barristers
7. Often Requested Questions
8. Glossary

1. Assembly the Absence Requirement and Avoiding Extreme Absences for Naturalisation

The British Nationality Act (BNA 1981) permits people to naturalise beneath both part 6(1) or 6(2) of the Act.  Part 6(2) applies the place a person is married to a British citizen.  When making use of beneath part 6(1) an applicant might want to exhibit their dedication and future intentions to have their principal house within the UK earlier than they will naturalise as a British citizen.  For each varieties of purposes an applicant might want to fulfill an absence requirement, guaranteeing that extreme absences don’t have an effect on their eligibility.

The absence requirement is a key consider naturalisation purposes, and extreme absences may result in a refusal except discretion is exercised.

2. Dwelling Workplace Steerage on Timing and Extreme Absences

The Nationality coverage: Naturalisation as a British citizen by discretion, accommodates steering related to the timing of an software and extreme absences.   

3. Most Allowable Absences for British Naturalisation Purposes

The primary matter to contemplate would be the timing of any software to naturalise.  

If married to a British citizen the applicant will need to have been within the UK starting with a 3-year interval ending with the date of software. Alternatively,  if not married to a British citizen (or not counting on marriage), the applicant will need to have been within the UK initially of  a 5-year interval ending with the date of software. 

There are some restricted  exceptions to this requirement for these:

• who’re making use of solely on the grounds of Crown service; 
• spouses or civil companions of British residents in Crown or designated service abroad;  or
• candidates who’re technically absent from the UK.

In planning an software an applicant might want to determine  the beginning of the qualifying interval.  With the intention to calculate this an applicant might want to take the day after the appliance date minus the size of the qualifying interval.

The Nationality and Borders Act 2022 launched the ability to deal with the applicant as having fulfilled this requirement if there are particular circumstances arising in a specific case.  Particular causes could relate, for instance,  to the applicant’s well being.

The steering expands and reads: 

Discretion to deal with the requirement to have been within the UK on the primary day of the residential qualifying interval as fulfilled ought to usually be exercised if a number of of the next is met: 

• the applicant was prevented from being within the UK as a result of they’d been faraway from the UK, and the choice to take away them was later overturned 
• the applicant was incorrectly prevented from resuming everlasting residence within the UK following an absence 
• the applicant is often resident within the UK however there have been distinctive the explanation why they may not return from overseas at the moment, akin to sickness, or journey restrictions as a consequence of a pandemic 
• the applicant is a present or former member of the armed forces.

A caseworker might want to see acceptable proof; these making use of and arguing this level could want to search authorized recommendation.

On events  an applicant could have inadvertently utilized on a date when they didn’t meet this requirement. The applying type now requires candidates to substantiate they agree that the Dwelling Workplace makes use of a unique date because the date of software, if this may work to the benefit of an applicant.

4. Calculating Absences from the UK for Naturalisation Purposes

There are various methods wherein absences will be calculated, from journey paperwork to Dwelling Workplace information, employment information or financial institution statements.   Continuity within the proof is essential, significantly the place absences are borderline.  

If there is no such thing as a passport or journey doc accessible, the steering advises that caseworkers “ought to assess whether or not there’s adequate proof to point out that that applicant has been resident within the UK in the course of the qualifying interval, giving them the advantage of any doubt the place claimed absences are throughout the limits we’d usually permit and there are not any grounds to doubt the accuracy of the declare.”

The steering continues: “If there are gaps in an individual’s proof of residence and it’s clear from the knowledge accessible that they may not have travelled, you need to settle for this. Examples of this may embrace a refugee who has no technique of journey or the place immigration information affirm steady residence.”

Entire days’ absences from the UK might be counted and there’s no have to depend the dates of departure and arrival as absences.   It is very important be aware that a person solely want be bodily current; they don’t should be ordinarily resident or domiciled within the UK.  

To debate your naturalisation software with one in all our nationality barristers, contact our British citizenship legal professionals on 0203 617 9173 or full our enquiry type under.

5. Discretion for Extreme Absences in Naturalisation Purposes

A person might want to exhibit they haven’t been absent for greater than 450 days within the final 5 years for an software beneath part 6(1).  An software beneath part 6(2) requires that absences be not more than 270 within the final 3 years. 

Each purposes have to exhibit that the absences haven’t exceeded 90 days within the final 12 months. 

The British Nationality Act 1981 permits for discretion to be exercised  in respect of the residence requirement  supplied all different necessities are met.  Nonetheless, while there’s some discretion to waive necessities, directions to caseworkers make it clear that ‘this can’t be accomplished to the extent that the necessities are ignored.’

The place an applicant exceeds the permitted absence by 30 days or much less, Dwelling Workplace coverage states that discretion might be exercised  except there are different grounds on which the appliance falls to be refused.

For different intervals of absence, the steering reads as follows:

“The place the applicant has absences of between 480 and 900 days for purposes beneath part 6(1) of the British Nationality Act 1981, or 300 and 540 days for purposes beneath part 6(2) and in any other case meets the necessities you need to solely contemplate exercising discretion the place the applicant has established their house, employment, household and funds within the UK, and a number of of the next applies: 

• at the least 2 years residence (for purposes beneath part 6(1)), or 1 12 months (for purposes beneath part 6(2)), with out substantial absences instantly previous to the start of the qualifying interval – if the interval of absence is bigger than 730 days (for part 6(1)) or 450 days (for part 6(2)) the interval of residence have to be at the least 3 or 2 years respectively 
• the surplus absences are the results of: 
  • postings overseas in Crown service beneath the UK authorities or in service designated beneath part 2(3) of the British Nationality Act 1981.
  • accompanying a British citizen partner or civil accomplice on an appointment abroad

• the surplus absences had been an unavoidable consequence of the character of the applicant’s profession, akin to a service provider seaman or employment with a multinational firm based mostly within the UK with frequent journey overseas 
• exceptionally compelling causes of an occupational or compassionate nature to justify naturalisation now, akin to a agency job supply the place British citizenship is a statutory or necessary requirement 
• the applicant was prevented from being within the UK as a result of they’d been faraway from the UK, and the choice to take away them was later overturned 
• the applicant was incorrectly prevented from resuming everlasting residence within the UK following an absence 
• the surplus absences had been as a result of the applicant was unable to return to the UK due to international pandemic

The place the applicant’s absence exceeds these coated above on account of Crown Service abroad, discretion ought to usually be exercised the place:

• earlier than an abroad posting the applicant was resident within the UK and Islands 
• the surplus absence was as a consequence of both: 
  • a interval of absence from the UK and Islands on a posting on Crown service
  • a interval of absence from the UK and Islands accompanying a partner, civil accomplice, accomplice or mother or father on a posting on Crown service”

The steering makes clear that an software with absences in extra of the intervals above might be extraordinarily difficult: 

“the place an applicant’s absences exceed these coated above it’s extremely unlikely that discretion could be acceptable. It is best to usually refuse the appliance and advise them to re-apply when they can carry themselves with the statutory necessities, except there are particular circumstances that warrant distinctive consideration at a senior degree.”

In purposes beneath part 6(1), discretion ought to solely be exercised in respect of ‘last 12 months absences’ (these incurred in the course of the last 12 months of the qualifying interval) if the long run intentions requirement is met.

In purposes beneath part 6(2), or in purposes the place the long run intentions requirement is met, there’s discretion. The steering on the train of the discretion reads:

“Complete absences:

• of 100 days or much less; train discretion 
• between 100 and 180 days, the place the residence requirement throughout the qualifying interval is met – discretion is simply acceptable the place the applicant demonstrates robust hyperlinks by means of the presence of household, employment and their house within the UK 
• of greater than 100 days however no more than 180 days the place the residence necessities over the total qualifying interval usually are not met – contemplate exercising discretion if each the next apply: 
  • candidates have demonstrated that they’ve made this nation their house by establishing a house, employment household, property and funds within the UK
  • the absence is justified by Crown service or by compelling occupational or compassionate causes, together with incapability to journey due to a world pandemic 

• exceeding 180 days the place the residence necessities over the total qualifying interval are met – contemplate exercising discretion if the applicant has demonstrated that they’ve made the UK their house 
• exceeding 180 days the place the residence necessities over the total qualifying interval usually are not met – you need to solely train discretion the place the applicant has demonstrated that they’ve made this nation their house and there are distinctive circumstances akin to Crown Service”.

Purposes made the place there are extreme absences are complicated and are more likely to require detailed proof and rationalization in an effort to persuade a caseworker to train discretion.  

For professional recommendation and help in relation to a nationality software, contact our immigration barristers in London on 0203 617 9173 or through the enquiry type under.