Please support us so we can help others

>> CLICK HERE TO START A NEW POST <<

(you need to log in to post)

Announcement

Collapse
No announcement yet.

Out of country absences the last 12months

Collapse
X
Collapse
Who has read this thread:
  • Filter
  • Time
  • Show
Clear All
new posts

  • Out of country absences the last 12months

    Hello,

    I understand you've covered all of these already so more for my piece of mind.

    1. I understand that absences up to 100 days the last 12 months prior to application date could be disregarded. Is this rather at the discretion of the case worker and you need to have a strong case for it (e.g. medical reason, inability to fly?) Staying in home country longer this year due to Covid might not qualify as a strong reason to have gone beyond the 90 day limit?

    2. Only whole days of absence are counting? E.g. If one travels abroad on 10.11 and returns on 14.11, the 10th and the 14th won't count as absences, only the 12th and the 13th?

    3. The date ones submit their application they should have been in the UK 5 years ago that date? E.g. if one applies on 17th January 2021 they should have been in the UK on 18th January 2016?

    Thank you so much for your invaluable support.

  • #2
    Originally posted by ElenaC View Post
    Hello,

    I understand you've covered all of these already so more for my piece of mind.

    1. I understand that absences up to 100 days the last 12 months prior to application date could be disregarded. Is this rather at the discretion of the case worker and you need to have a strong case for it (e.g. medical reason, inability to fly?) Staying in home country longer this year due to Covid might not qualify as a strong reason to have gone beyond the 90 day limit?
    Morning,

    We have covered that here: Absence allowances and discretion

    ...where you'll see:
    Absences in the final year

    You must only exercise discretion for excessive absences during the final year of the qualifying period under section 6(1)if the future intentionsrequirement 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 –discretionisonly 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 theUK their home
    • exceeding 180 days where theresidence 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.



    Note the reference to inability to travel due to a global pandemic, however, this is likely to cover periods when flights were not available or were cancelled, etc. rather than just periods when the applicant chose not to travel and/or to spend time with their family abroad.

    The easiest and safest thing to do when an applicant has exceeded the allowance, particularly in the last 12 months, is just to wait and apply once the excess absences have dropped off the last 12 months, since there's no requirement to be British for any practical purposes other than being able to vote in GEs, unless there are specific circumstances that wouldn't make this possible.


    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3

      Originally posted by ElenaC View Post
      2. Only whole days of absence are counting? E.g. If one travels abroad on 10.11 and returns on 14.11, the 10th and the 14th won't count as absences, only the 12th and the 13th?
      That's right, and the AN form already makes allowances for this, so you should still enter the correct dates and the form should do the math and subtract the days you leave and come back and not count them towards the total, as noted here: Listing absences

      ...where we have:
      To count how many days you have been absent, only whole days of absence are counted, not the day when you leave the country nor when you return.

      If you download the form in pdf format, it will show the calculation, for each stay and the total.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4

        Originally posted by ElenaC View Post
        3. The date ones submit their application they should have been in the UK 5 years ago that date? E.g. if one applies on 17th January 2021 they should have been in the UK on 18th January 2016?
        That has been explained here: The residence requirement

        ...where you'll see:

        The relevant date is defined on page 14 of the Nationality Policy:
        To identify the start of the qualifying period you use the day after the application date minus the length of the qualifying period. For example in an application under section 6(1) made on 1 March 2016, the applicant must have been legally in the UK on 2 March 2011.

        A similar principle would apply to applications on the basis of marriage, where the qualifying period is 3 years rather than 5.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          We have put together the following resources which should be your starting point....and, before going further, you should also be aware of the potential impact on family members you may wish to sponsor in the future.

          Please note that, if applying with settled status, it may also be necessary to show you were exercising treaty rights for the previous 3 or 5 years, as noted here:
          Employment, financial requirements and treaty rights for citizenship - UKCEN Citizenship and Residence for European Nationals and their families

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            thank you so much!!

            Comment

            Working...
            X