Absence during COVID

[EggsBenedict]

Good morning,

I would really appreciate your help when it comes to some absences from the U.K. and how it affects my British citizenship application.

I came to the U.K. in November 2013 from Greece and I have been working throughout and up until February 2020. It’s worth noting that I have settled status.

With continuous employment and no extraordinary absences (just holidays), that means that from November 2013 to February 2020 I am covered.

What happened in February 2020 is I decided to go to Asia for 3 months on a sabbatical (perfect timing, I know). So I left the U.K. on 22 February 2020 and put my items in storage with a plan to return in May 2020. After about one month of travelling and as COVID was really kicking in Asia, I decided to go back to Greece and spent the entire lockdown summer of 2020 there. In August 2020 I returned to the U.K. and got a flat, and then September 2020 I got a new full time job which I hold to this day.

My question is, does that affect me if I wanted to go ahead with a citizenship application now?

• November 2013 to February 2020 - full time employed and living in the UK
• March 2020 to August 2020 - abroad, no employment
• September 2020 to present - full time employed and living in the U.K.

Will I be asked to present any evidence of me being in the U.K. during 2020, will it affect my absence allowance, will I be able to justify my absence?

Or should I wait and do my application later when the clock has properly ‘reset’?

Thank you!
Irene

PS I am marrying a British citizen in one month, I don’t know if this has any relevance.

[Site Admin]

PS I am marrying a British citizen in one month, I don’t know if this has any relevance.

Afternoon,

I'm starting from the end if I may, as it does have a lot of relevance. If you submit the application after you are married, then the application would normally be considered on the basis of marriage teo a British citizen, as noted here: Applications based on marriage

...where we have:

---

The main difference with applications based on marriage or civil partnership, is the relevant period, which is 3 years instead of 5.

If applying on these basis, you need to:

• List your absences from the UK in the last 3 years;
• Not exceed the allowed number of absences in the last 3 years; and
• Provide evidence of residence in the UK for the last 3 years.

There's no need to wait for 12 months after being granted ILR, including settled status, if applying on the basis of marriage or civil partnership with a British citizen.

Applicants married to a British spouse are not subject to the future intentions requirement (the intention to make the UK your home).

[Site Admin]

Good morning,

I would really appreciate your help when it comes to some absences from the U.K. and how it affects my British citizenship application.

I came to the U.K. in November 2013 from Greece and I have been working throughout and up until February 2020. It’s worth noting that I have settled status.

With continuous employment and no extraordinary absences (just holidays), that means that from November 2013 to February 2020 I am covered.

What happened in February 2020 is I decided to go to Asia for 3 months on a sabbatical (perfect timing, I know). So I left the U.K. on 22 February 2020 and put my items in storage with a plan to return in May 2020. After about one month of travelling and as COVID was really kicking in Asia, I decided to go back to Greece and spent the entire lockdown summer of 2020 there. In August 2020 I returned to the U.K. and got a flat, and then September 2020 I got a new full time job which I hold to this day.

My question is, does that affect me if I wanted to go ahead with a citizenship application now?

• November 2013 to February 2020 - full time employed and living in the UK
• March 2020 to August 2020 - abroad, no employment
• September 2020 to present - full time employed and living in the U.K.

Do bear in mind there's no requirement to be in continuous employment, as noted here: Employment history - UKCEN Citizenship and Residence for European Nationals and their families

...where you'll see:

---

You must provide details of your employment history for the 10 years preceding the date of application. If you have been in the UK for less than 10 years, you only need to provide it for the years you have been here.

This is requested because you are expected to have paid your tax and national insurance to meet the good character requirement. The guidance suggests the evidence that may support a claim to have paid the tax and national insurance, but you don't need to submit this evidence with your application.

The Home Office will make its own checks of HMRC to make sure tax and national insurance was paid, should they decide to do so.

If you haven’t been employed all the time, you only need to list the jobs you had.

You don’t need to explain what you were doing while not employed.

Gaps in employment do not affect the application. The requirement is lawful residence for the last 3 or 5 years, as noted here: Lawful residence

[Site Admin]

Will I be asked to present any evidence of me being in the U.K. during 2020, will it affect my absence allowance, will I be able to justify my absence?

Or should I wait and do my application later when the clock has properly ‘reset’?

If you look here: Absence allowances and discretion

...we have:

---

The usual absence allowances are:

• Up to 90 days in the last 12 months; and either
• Up to 270 days in the last 3 years if you are married to a British citizen at the time of your application; or
• Up to 450 days in the last 5 years if you are not married to a British citizen.

[Site Admin]

So it really all depends on whether you are within the limits above. If you spent 5 months abroad in 2020, that would make 150 days, you need to add this up to any days that you have been abroad since 2019 if applying on the basis of marriage, or 2017 if not. Absences in 2020 have already dropped off the last 12 months.

You may want to refer to the following resources which are the starting point for citizenship applications:

• Step-by-step guide
• When can I apply for citizenship?
• Issues, mistakes, errors and ommisions
• Lawful residence for applicants relying on settled status

If you are an EEA national, you may also want to consider the potential impact of becoming British if you wish to sponsor family members in the future: Impact on family members

[EggsBenedict]

Thank you very much for your help, this is extremely helpful and I could not have done it without your help. Can I check something else, please?
I am an EU citizen, I have the blue UK Residence Documentation for a National of an EEA State, and I also have Settled Status.
I have never seen or received a Biometric Residence Card (the pink one as shown in pictures). Is what I am doing here correct, or will this be an issue?

[Site Admin]

Thank you very much for your help, this is extremely helpful and I could not have done it without your help. Can I check something else, please?
I am an EU citizen, I have the blue UK Residence Documentation for a National of an EEA State, and I also have Settled Status.
I have never seen or received a Biometric Residence Card (the pink one as shown in pictures). Is what I am doing here correct, or will this be an issue?

Afternoon,

We have covered that here: BRPs

...where you'll see:

---

The form asks whether you have a Biometric Residence Permit (BRP).

These are issued mostly to non EEA nationals, however, EEA nationals who applied for ILR under the Windrush Scheme would have one.

If you haven't got a BRP, just click the options below.