Immigrationboards.com

During the pandemic my partner, son and I spent more than a year (More than 450 days) out of the UK.
We didn't plan to stay this long but we were really affected by travel & health restrictions. I know that this is over the 450 days limit and I am going to ask for discretion on the basis of the global pandemic and the fact that I spent more than 2 years in the UK without absences right prior to the qualifying period.

I want to apply for naturalisation but I just realised that we didn't report that the child has spent this long out of the country. My partner is the one that is claiming the benefit.

My partner and I hold ILR since September 2018 my child has BC.

So I got 2 questions

1) How likely am I to get refused for deception ? The benefit is on my partner's name.

2) My only absent during the qualifying period was during the pandemic. It was 650 days. Is is wise asking for discretion when this was the only absent ?

What are the exact dates of your absence, ie date you left and date you returned?

I left the UK 10-March-2020 and return the 15-December-2021. As you can see this is more than 450days in a single absent. My partner and son left the same day but return in February 2022.

Did you start claiming benefit for the child before or after you and partner got ILR? I suggest trying to resolve that before you apply for citizenship.
You definitely need to ask for discretion for your absence, otherwise you will be refuse. You will need to show links to the UK and 2 extra years of residence.

sharingiscaring wrote: ↑

Mon Jun 17, 2024 11:52 am

I left the UK 10-March-2020 and return the 15-December-2021. As you can see this is more than 450days in a single absent. My partner and son left the same day but return in February 2022.

Such a long absence when travel was definiyely possible before dec 2021 might not get you the result you want.

contorted_svy wrote: ↑

Mon Jun 17, 2024 12:14 pm

Did you start claiming benefit for the child before or after you and partner got ILR? I suggest trying to resolve that before you apply for citizenship.
You definitely need to ask for discretion for your absence, otherwise you will be refuse. You will need to show links to the UK and 2 extra years of residence.

We claim after we got ILR.

This is my application history.

1) Came to UK as Tier4 - July 2008
2) Tier4 Extension (In UK) - May 2010
3) PSW (In UK) - July 2013
4) Tier2 Genral - September 2016
5) ILR - September 2018

I have a mortagage since 2019 and I was employed during the pandemic (UK Company) but working from another country. I have paid taxes, council tax, bills, etc while away.

Would you risk applying for BC and asking for discreation knowing what i just mentioned ?

I don't know if you were entitled to benefits while your child was abroad for so long. Suggest you speak to citizens' advice and see if they have the answer, and arrange to pay the money back if appropriate.
Your immigration history is irrelevant to citizenship, as far as you always had a valid visa and didn't overstay or commit any other immigration mistakes. I think you can go ahead and apply with the caveats I made before - you should submit a mortgage report to show you bought a home in the UK, a letter to confirm you work for a UK business, and state your family lives in the UK in a cover letter. If you don't have other absences I believe it should be fine.