Page 1 of 1

Exceeded Absence Limits: Both 450 and 90-Day Rules

Posted: Wed Mar 27, 2024 2:24 pm
by eliza720
I would like to get your advice on my chances of getting my naturalization application approved under the 5-year residency requirement.

I recently received ILR in February 2024, and I've been asked to undertake a 6-month secondment in the US for work. This means I will exceed my 90-day absence limit for this year. Additionally, I have been absent from the UK for 625 days in the last 5 years, of which 180 days were during Covid-related circumstances and another 180 days were for this secondment. I have been living in the UK continuously for 9 years.

What would be my chances of receiving discretion from the Home Office? Also, could you advise on what other documents I would need to provide with the application? (I would get my employer to draft a letter for the secondment.) I understand that if I were to wait for another year, I will not be over for the 450 and 90 rule. Nevertheless, I would like to apply for the naturalisation as early as possible.

Many thanks.

Re: Exceeded Absence Limits: Both 450 and 90-Day Rules

Posted: Wed Mar 27, 2024 2:31 pm
by Dancull
As far as I know, the Home office is only able to waive one requirement, unfortunately, 450 days for 5 years and 90 days in the last 12 months are two separate requirements.

Re: Exceeded Absence Limits: Both 450 and 90-Day Rules

Posted: Wed Mar 27, 2024 3:17 pm
by contorted_svy
eliza720 wrote:
Wed Mar 27, 2024 2:24 pm
I would like to get your advice on my chances of getting my naturalization application approved under the 5-year residency requirement.

I recently received ILR in February 2024, and I've been asked to undertake a 6-month secondment in the US for work. This means I will exceed my 90-day absence limit for this year. Additionally, I have been absent from the UK for 625 days in the last 5 years, of which 180 days were during Covid-related circumstances and another 180 days were for this secondment. I have been living in the UK continuously for 9 years.

What would be my chances of receiving discretion from the Home Office? Also, could you advise on what other documents I would need to provide with the application? (I would get my employer to draft a letter for the secondment.) I understand that if I were to wait for another year, I will not be over for the 450 and 90 rule. Nevertheless, I would like to apply for the naturalisation as early as possible.

Many thanks.
if in a year you will be under the absence limit for both requirements it is strongly advised you wait until then. The Home office won't waive both requirements, and a letter from your employer documenting your secondment wouldn't help your case.