British Citizenship Application - Query reg absence

[tsharr]

Hello,

I am in the process of applying for British Citizenship for my wife. I got my British Citizenship in 2023 through the 5 year route (ILR) and my wife moved to the UK in 2017 and got her ILR in 2022 (5 year route).

While going through the requirements for applying for Citizenship, I came across the following
270 days of absence in the last 3 years + 90 days of absence in the last 12 months
In her case, there was a family emergency this year due to which she had to be in her home country for almost 160 days (2 long trips this year).
For the period of 2023-2024 her total absences are around 120 days and for the last 12 months it is 160 days. This results in 280 days of absence in the last 3 years and 160 days of absence in the last 12 months.
My wife has full time employment in the UK as well and has met all other eligibility requirements including Life in UK Test and Language proficiency.

Below are my questions

• Can she apply through the 5 year route? If we count her absences in the last 5 years, it is only around 320 days.

• If it has to be a 3 year route, will 280 days of absence be ok?

• Is it ok to apply with 160 days of absence in the last 12 months? What supporting documents should we include for applying discretion of the absences in the last 12 months (160 days).

I would really be grateful for any guidance provided.

Thanks

[contorted_svy]

From the guidance https://www.gov.uk/government/publicati ... accessible

Absences during the qualifying period
Where an applicant has spent more than the 450 days for section 6(1) applications, or 270 days for section 6(2) applications, outside of the UK during the qualifying period you must consider exercising discretion if they meet the other requirements.

Where the applicant exceeds the permitted absence by 30 days or less you must exercise discretion unless there are other grounds on which the application falls to be refused.

Where the applicant has absences of between 480 and 900 days for applications under section 6(1) of the British Nationality Act 1981, or 300 and 540 days for applications under section 6(2) and otherwise meets the requirements you must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK and one or more of the following applies:

at least 2 years residence (for applications under section 6(1) or 1 year (for applications under section 6(2), without substantial absences immediately prior to the beginning of the qualifying period - if the period of absence is greater than 730 days (for section 6(1) or 450 days (for section 6(2) the period of residence must be at least 3 or 2 years respectively
the excess absences are the result of:
postings abroad in Crown service under the UK government or in service designated under section 2(3) of the British Nationality act 1981.
accompanying a British citizen spouse or civil partner on an appointment overseas
the excess absences were an unavoidable consequence of the nature of the applicant’s career, such as a merchant seaman or employment with a multinational company based in the UK with frequent travel abroad
exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now, such as a firm job offer where British citizenship is a statutory or mandatory requirement
the applicant was prevented from being in the UK because they had been removed from the UK and the decision to remove them was later overturned
the applicant was incorrectly prevented from resuming permanent residence in the UK following an absence
the excess absences were because the applicant was unable to return to the UK because of global pandemic
Where the applicant’s absence exceeds those covered above because of Crown Service overseas, discretion should normally be exercised where:

before an overseas posting the applicant was resident in the UK and Islands
the excess absence was due to either:
a period of absence from the UK and Islands on a posting on Crown service
a period of absence from the UK and Islands accompanying a spouse, civil partner / partner or parent on a posting on Crown service
The person in Crown service should provide evidence of their employment and posting from the relevant Government department.

In other cases, where an applicant’s absences exceed those covered above it is highly unlikely that discretion would be appropriate. You should normally refuse the application and advise them to re-apply when they are able to bring themselves with the statutory requirements, unless there are specific circumstances that warrant exceptional consideration at a senior level.

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

the 280 days are not a problem, as stated above. For the absences in the final year, I have highlighted the relevant section: provide an employment letter, your marriage certificate, a rental contract/mortgage statement with her name on it, a bank statement with her name on it, if you have children their birth certificates to show your links to the UK.

[tsharr]

Thank you so much for the response. That is really helpful

Given that I have obtained the British Citizenship, do we have go down the 3 year route? Or is there a chance to go via the 5 year route. I ask this just be cause of the absence criteria as there is more absence allowed.

And for the 280 days absence in the 3 years, do I have specify a reason on the application ? Or should I mention the travel dates as usual and let it be.
For the 12 month absence, I can provide my British passport copy, marriage certificate, her bank statement and employment letter and last 3 month payslips. I also plan to include a cover letter stating the reason for her absence. Will that suffice?
Do we need to include any proofs of the family emergency such as medical reports etc?

Thanks

[contorted_svy]

Thank you so much for the response. That is really helpful

Given that I have obtained the British Citizenship, do we have go down the 3 year route? Or is there a chance to go via the 5 year route. I ask this just be cause of the absence criteria as there is more absence allowed. Yes you can do that. Just specify it in a cover letter

And for the 280 days absence in the 3 years, do I have specify a reason on the application ? Or should I mention the travel dates as usual and let it be. No need to provide a reason
For the 12 month absence, I can provide my British passport copy, marriage certificate, her bank statement and employment letter and last 3 month payslips. I also plan to include a cover letter stating the reason for her absence. Will that suffice? No need to state reason for her absence. Provide a rental contract or mortgage statement or council tax with her name on it if you have it.
Do we need to include any proofs of the family emergency such as medical reports etc? No, it would not be considered unless nobody else could have cared for her family members.

Thanks

[tsharr]

Yes, I do have a council tax letter and utility bills with both our names on it. So will attach those.

Thank you so much again for resolving all my queries, you have been super helpful
I will proceed with the application and will be back in case I run into any more questions.

[contorted_svy]

A tenant contract/mortgage statement with her name on would be best, but if you don't have that, use things that you have with her name on it to show her links to the UK.

[tsharr]

Sadly, the mortgage agreement has only my name on it as she is not the joint owner.
But her name is on utility bills and council tax records