450 Days & 90 Days before application

[VishnuMM]

Hi all,
I want to apply for Cictizenship and currently holding ILR status from Jan 2025.
I'm a very frequent traveller on business trips and not meeting both 450 days & 90 days criterias. Is there anyway I can get an exemption as my fulltime employment is in UK only and with same company who has sponsored me for Tier 2 visa.

Please advise.

Regards,
Vishnu

[alterhase58]

What are the actual numbers?

Have you reviewed the AN guidance, specifically the absence section?
https://www.gov.uk/government/publicati ... rom-the-uk

There are no blanket exemptions but the guidance notes explain some reasons why excess absences may be accepted.

[secret.simon]

The general rule that the Home Office states in its guidance is that it would exercise discretion to disregard *one* requirement for naturalisation and that all other requirements must be met.

Is it possible to shuffle around your work travel schedule so that you can meet at least the 90 days in one year requirement?

Also keep in mind that there is also the requirement that you were physically in the UK at the start of the five year period immediately before the date of application. So, hypothetically, if you were to apply today, you would have to have been in the UK on 10th April 2021. If you were not, that is another requirement that would require discretion. And as mentioned above, discretion is normally exercised to disregard only one requirement.

[VishnuMM]

What are the actual numbers?

Have you reviewed the AN guidance, specifically the absence section?
https://www.gov.uk/government/publicati ... rom-the-uk

There are no blanket exemptions but the guidance notes explain some reasons why excess absences may be accepted.

Hi alterhase58,

Thank you for your response.

Total absence as below,

454 days in last 5 years (From Apr 2021 to till date)
121 days in last 12 months (From Apr 2025 to till date)

My entry to UK is in June 2018 in Tier 2 ICT Dependant visa.
Later got Tier 2 General Visa for myself in Jan 2020.
After 5 years, got my ILR in Jan 2025.
So, totally I lived in UK 7+ years as a Tax paying resident with family and also I own a house in UK.
I'm working with UK based company and all my travels are official visit our branches in India.

I have gone through the website and it was very helpful for me, thank you once again.

I couldn't understand the difference between Normal permitted absences in qualifying period - 450 days and Total number of absences normally disregarded - 480 days. Please could you help me in this.

Thanks & Regards,
Vishnu

[alterhase58]

They will normally accept the 5 year excess without further need for explanation, but the last year's excess needs some explaining as you are well over.

[VishnuMM]

They will normally accept the 5 year excess without further need for explanation, but the last year's excess needs some explaining as you are well over.

Thank you for your response.

Will they accept, If i get a letter in company letter head mentioning all absences (with travel dates) are only for business meetings/trips in last 12 months.

[lolo2]

You don't need an employer letter explaining your absences. Employment is not a requirement for naturalisation. The route you followed to obtain ILR is irrelevant.

I believe this letter can even be counterproductive, as you technically spent half of the working days of the year in your home country. If we put ourselves in caseworker's shoes, they can say that you don't need British citizenship to keep living in the UK as you work in India half of the time. On top of that, India doesn't recognise dual citizenship, the caseworker can also say that given your personal circumstances, it's more beneficial for you to stay as an Indian citizen with ILR. Again, this is only my view of the situation, I'm not saying that the caseworker will decide based on those premises.

However, you still can apply and ask for discretion on absences of more than 100 days in the last year by demonstrating strong ties to the UK: family, assets, etc. The guidance cited by alterhase58 clearly mentions that.

Bear in mind that naturalisation is not an immigration application and has its specific rules.

[VishnuMM]

You don't need an employer letter explaining your absences. Employment is not a requirement for naturalisation. The route you followed to obtain ILR is irrelevant.

I believe this letter can even be counterproductive, as you technically spent half of the working days of the year in your home country. If we put ourselves in caseworker's shoes, they can say that you don't need British citizenship to keep living in the UK as you work in India half of the time. On top of that, India doesn't recognise dual citizenship, the caseworker can also say that given your personal circumstances, it's more beneficial for you to stay as an Indian citizen with ILR. Again, this is only my view of the situation, I'm not saying that the caseworker will decide based on those premises.

However, you still can apply and ask for discretion on absences of more than 100 days in the last year by demonstrating strong ties to the UK: family, assets, etc. The guidance cited by alterhase58 clearly mentions that.

Bear in mind that naturalisation is not an immigration application and has its specific rules.

Thank you for your detail response.