Over 90 days absence in the last year, apply now or wait?

[responsible_trust]

Hi everyone,

I'd be really grateful for some advice on my situation as I'm feeling a bit stuck in a "catch-22" with the citizenship application requirements.

My Profile:

• Status: EU citizen with Settled Status (granted in 2023). I've lived in the UK for 7 years.

• Profession: I have a stable job as a software engineer. My employer is supportive and I have strong ties to the UK (rental property, etc.).

• Life in the UK/English Test: Passed in June this year.

The Absence Dilemma:

My employer has a flexible remote work policy which I've used to extend holidays and visit family. I've tracked my absences in the last 5 years (I've already excluded days of departure/arrival):

• 5-Year Total: My current count is 435 days out of the 450-day allowance. So, while I'm under, it's not by a huge margin.

• Last 12 Months: This is the core issue. My absences in the last 12 months are approximately 120 days. This was due to a mix of using accrued holiday, attending friends' weddings abroad, and spending more time in my home country after my father's surgery last summer. For transparency, while I was there to provide support, I wasn't his official primary caregiver, so I'm unsure how this will be viewed.

The 3 Options I've considered:

Option 1: Apply NOW

• 5-Year Absences: 435 days (under the 450-day limit).

• Final Year Absences: \~120 days (over the 90-day guidance).

• The Trade-Off: I meet the 5-year rule but would rely entirely on caseworker discretion for the final year. My concern is that I'm not sure I have strong enough evidence to justify these absences, as they were due to a mix of my employer's remote work benefit and my father's illness (where I wasn't the main caregiver).

Option 2: Wait until Jan 2026

• 5-Year Absences: 487 days (over the 450-day limit and the 480-day discretionary guidance).

• Final Year Absences: 96 days (just slightly over the 90-day guidance).

• The Trade-Off: My final year looks better, but my 5-year total gets worse, pushing me beyond the usual discretionary limits.

Option 3: Wait until 2027 or later

• The Plan: I would have to severely restrict all travel for the next 1-2 years, including losing a 2-month sabbatical opportunity at work.

• The Trade-Off: This is the "safest" option to get both counts below the official limits, but it's an option I strongly want to avoid. It would significantly impact my life and I'm worried about potential new immigration rules being introduced in the meantime.

My gut feeling is to apply now and plead my case for the final year, but I'm worried about risking the application fee. Has anyone been in a similar situation?

Thanks so much in advance for any insights you can share.

[contorted_svy]

Check the guidance
https://www.gov.uk/government/publicati ... bookmark28

Absences in the final year
You normally only exercise discretion for excessive absences during the final year of the qualifying period under section 6(1) if the future intentions requirement is met.

Where the applicant is applying under section 6(2) or has met the future intentions requirement the following will apply. Total absences:

of 100 days or less; exercise discretion

between 100 and 180 days, where the residence requirement across the qualifying period is met – discretion is only appropriate where the applicant demonstrates strong links through the presence of family, employment and their home in the UK

of more than 100 days but not more than 180 days where the residence requirements over the full qualifying period are not met - consider exercising discretion if both the following apply:

applicants have demonstrated that they have made this country their home by establishing a home, employment family, property and finances in the UK

the absence is justified by Crown service or by compelling occupational or compassionate reasons, including inability to travel because of a global pandemic

exceeding 180 days where the residence requirements over the full qualifying period are met - consider exercising discretion if the applicant has demonstrated that they have made the UK their home exceeding 180 days where the residence requirements over the full qualifying period are not met – you must only exercise discretion where the applicant has demonstrated that they have made this country their home and there are exceptional circumstances such as Crown Service

Supply a letter from your employer, provide rental contracts/mortgage statements. No need to justify why you travelled. If this is the only thing where you are asking for discretion and supply evidence of your ties to the UK, your application will most likely succeed.

You can also wait until Jan 2026 as both absence requirements are just barely exceeded and those extra absences should just be waived. There was a successful case in the forum (I wasn't entirely sure myself this would work but the applicant reported being accepted, which was great news).

[responsible_trust]

Thanks so much for the reply, that's really helpful.
I'm inclined to go with option 1 and apply now.

Do you think a standard letter from my employer would be enough (with my name, role, salary, start date, etc) or should I ask them to mention the remote working policy too?

Also, there are 2 questions on the citizenship application, under the "Special Circumstances" section:

Q1. Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)? If Yes, provide further details
Q2. If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application? If Yes, please confirm which requirement(s) you fail to meet and what special circumstances should be considered.

I suppose I should reply yes because of the extra absences, and then specify that the Home Secretary should still grant my application on the basis of having established strong links to the UK (without explicitly justifying the absences).

What do you think?
Thanks in advance for your help

[contorted_svy]

Thanks so much for the reply, that's really helpful.
I'm inclined to go with option 1 and apply now.

Do you think a standard letter from my employer would be enough (with my name, role, salary, start date, etc) or should I ask them to mention the remote working policy too? Yes to the letter. Remote working policy none of the HO interest to be honest, so no need to mention it.

Also, there are 2 questions on the citizenship application, under the "Special Circumstances" section:

Q1. Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)? If Yes, provide further details
Q2. If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application? If Yes, please confirm which requirement(s) you fail to meet and what special circumstances should be considered.

I suppose I should reply yes because of the extra absences, and then specify that the Home Secretary should still grant my application on the basis of having established strong links to the UK (without explicitly justifying the absences). Correct. You can write a cover letter to elaborate on your details and explain what documents you are attaching for evidence,

What do you think?
Thanks in advance for your help