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Citizenship

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  • Query Citizenship

    Hello All.

    I am a Spanish citizen living in the UK for longer that 20 years. I have PR since 2017.

    I have recently passed both test and in order to finally applying but I have noticed that I have been away for longer than 90 days in the last 12 months before I want to send me applications due to personal reasons(taking care of dependent member of family). I do not want to send it and being rejected.

    So my question is:
    Should I wait for another 12 months making sure that I am not away more that time permitted or is there any exception due to personal reasons? During pandemic crisis I have been away lots as I was able to work from home.

    are Pandemic years considered as normal years as i have been away longer that usual as I have wanted to stay with family. So I do not know what to do.

    Thanks



  • #2
    Originally posted by Alcendrero View Post
    Hello All.

    I am a Spanish citizen living in the UK for longer that 20 years. I have PR since 2017.

    I have recently passed both test and in order to finally applying but I have noticed that I have been away for longer than 90 days in the last 12 months before I want to send me applications due to personal reasons(taking care of dependent member of family). I do not want to send it and being rejected.

    So my question is:
    Should I wait for another 12 months making sure that I am not away more that time permitted or is there any exception due to personal reasons? During pandemic crisis I have been away lots as I was able to work from home.
    Afternoon,

    The easiest and safest thing to do is just wait till the excess absences drop off the last 12 months, since anything above 100 days would only be accepted at the discretion of the caseworker, unless you expect to keep a similarly high number of absences every year for personal or work reasons.

    Originally posted by Alcendrero View Post
    are Pandemic years considered as normal years as i have been away longer that usual as I have wanted to stay with family. So I do not know what to do.
    There is a provisiong for "inability to travel due to a global pandemic", but this wouldn't really apply that much to the last 12 months, not unless you were in Australia, New Zealand, China or one of the few countries that kept their borders tightly shut. Otherwise, it was possible to travel over the last 12 months, this was really more of an issue back in 2020. Wanting to stay with family is a personal choice that wouldn't be regarded as "inability to travel".

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

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    • #3
      You may also want to refer to the following resources which are the starting point for citizenship applications: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

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

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      • #4
        hello.

        could I apply at the end of this year which I will be under 70 days away and provide info on 5 years, lets sat from 2015 to 2019?

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        • #5
          Originally posted by Alcendrero View Post
          hello.

          could I apply at the end of this year which I will be under 70 days away and provide info on 5 years, lets sat from 2015 to 2019?
          Not sure what you mean by 2015 to 2019, unlike settled status, the relevant period for a citizenship application is always the last 5 years, not any 5 year period. So you need to make sure you are below the accepted number of absences in the 5 years prior to the application, as well as the last 12 months, as noted here: The residence requirement

          ...where we have:
          Please note the following requirements:

          You need to have been physically present in the UK:
          • 3 years ago on the date you submit your citizenship application if you are married to a British citizen at the time of your application; or
          • 5 years ago if not married to a British citizen.
          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.
          [...]

          You are only allowed a limited number of days absent from the UK (absences) during the years prior to your citizenship application:
          • Usually no more than 90 days in the 12 months immediately before your application; and either
          • No more than 270 days in the last 3 years if you are married to a British citizen at the time of your application; or
          • No more than 450 days in the last 5 years if you are not married to a British citizen.
          Source: Page 9 of the AN booklet

          There is some discretion regarding absences.

          See Absences for more information.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

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