• Quick facts about the test
• ‘Knowledge of language and life’ requirement for skilled workers
• Who needs to take the test - Indefinite Leave to Remain (ILR)
• Who needs to take the test - Citizenship
• Spouses and partners
• Are there new books for 2012?
• What to study for the test
• I’ve passed my test. What are the next steps?
• Citizenship applications summary

 

 

• Your choices for studying for the Life in the UK test
• 7 top tips from people who have passed the Life in the UK test
• Study Techniques and Tips
• Difficult Chapters
• Life in the UK Study Checklist

 

 

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• Applying for Indefinite Leave to Remain (ILR)
• Absences during your qualifying residence period for ILR
• Fees for settlement (ILR) applications
• Using the Settlement Checking Service (SCS)
• Applying for citizenship
• Absences during your qualifying residence period for citizenship
• Fees for citizenship applications
• Using the Nationality Checking Service (NCS)
• About your Citizenship ceremony
• Applying for your passport

Absences during your qualifying residence period for citizenship

The UKBA provides some clear information about allowed absences during your qualifying residence period for citizenship. These restrictions are not as strict for citizenship as they are for ILR.

The below information provides details about how this limit is applied to applications. You may have been aware, for instance, that the United Kingdom Border Agency (UKBA) allow absences over the limit in certain circumstances, but did you know that they also provide guidance on how they apply discretion for citizenship applications?

The below summary provides clear information about the residence requirements for citizenship, as well as guidance on how discretion is decided.

Citizenship

For citizenship applications, it is a lot simpler than for settlement as there is one basic rule. Absences from the UK should be limited to 90 days for each year of your qualifying period, including a maximum of 90 days in the 12 months before your application.

This means that for a standard application made after five year’s residence this allows for 450 days outside the UK, with 90 in the last year.

For a spouse or partner applying after three year’s residence this allows for 270 days outside the UK, with 90 in the last year.

However, as detailed on the guidance on how they apply discretion page of the UKBA website, some consideration may be given in particular cases.

The following is taken from the UKBA website and is provided for your information only. If you have any doubts about your application because of absences from the UK we advise that you seek professional advice.

Discretion and total absences

The UKBA advise that they ‘normally disregard’ absences of up to 300 days. If your absences total between 301 and 540 days then they will be disregarded if you meet all other requirements and have established your family, home and estate in the UK.

Other expectations include that:

• you have completed four years residence for absences up to 450 days; or
• you have completed five years residence for absences between 451 and 540 days; or
• you were absent because you were serving abroad in Crown service or because your husband, wife or civil partner was serving abroad in Crown or designated service; or
• your absences were unavoidable owing to the nature of your work - for example, because you are a merchant seaman or you work for a UK-based business which requires frequent travel abroad; or
• there are exceptional or compelling reasons of an occupational or compassionate nature, such as having a firm job offer for which British citizenship is a genuine requirement

Discretion and absences in the final year

The UKBA advise that they will ‘normally disregard’ absences of up to 100 days during the final 12 months of the qualifying residence period.

If your absences in the last year total between 101 and 180 days, and you have met all other residence requirements, then they will ‘normally disregard’ the absence if you have also established your home, family and a large part of your estate here.

If your absences in the last year total between 101 and 180 days, and you have not met all other residence requirements, then they will ‘normally disregard’ the absence if:

• you have also established your home, family and a large part of your estate here, and
• the absence occurred because you were serving abroad in Crown service, or for a compelling occupational or compassionate reason

If you absences total over 180 days in the final year they will only disregard the absence if:

• you have met the residence requirements over the qualifying period; and
• you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here; and
• The absence occurred because you were serving abroad in Crown service, or for a compelling occupational or compassionate reason

If your absence lasted more than 180 days and you have not met the residence requirements then your application will only be considered in the most exceptional of circumstances.