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Immigration Warrior
Immigration Warrior, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 1418
Experience:  Immigration Consultant/Supervisor at Chatham Chambers solicitors
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How much do you charge for a question on UK citizenship? I

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Hi
How much do you charge for a question on UK citizenship? I want to know if my citizenship application is likely to be rejected because I've been out of the UK for more than 90 days in the last 12 months.Long detail
I'm Irish, lived in UK for >20 years. I got indefinite leave to remain - ILR under the EU settlement scheme - in September 2019.I was planning to apply for citizenship in September 2020 when the 12 months have passed.But - thanks to covid - I will have been out of UK for more than 90 days in the 12 months. I came back to Ireland to look after my parents during this crisis in March, and while I'll be returning to UK soon, I've been over 90 days out. My parents were - thankfully - not ill, but as both were at risk, and as the usual carer wasn't visiting during covid, they needed more support. So I got the ferry back to Ireland just as lockdown started.I know the Home Office hasn't issued any guidelines on this but may use its discretion. From what I've read, they'd definitely use their discretion if I had been unable to return to the UK - eg, no flights from the country I was in.However - have immigration lawyers heard of any cases where someone was out of the country for caring reasons like myself, and that was deemed acceptable?

Hi

Further to your question during this Pandemic the Home Office will be applying their discretion and your situation is completely valid. I would suggest that you write a strong letter in support of the application. I also also send you some guidance shortly.

Kind Regards

Customer: replied 1 year ago.
Thank you! Have you heard of any similar cases where the application was successful despite absence for caring reasons?

Hi

I have heard of cases where they were additional absences for caring reason, however during a Pandemic the rules are always more flexible. Please find enclosed the extract from the guidance and I also enclose herewith the guidance for your reference. (Please refer to page 17)

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/885368/naturalisation-as-a-british-citizen-by-discretion-v5.0-gov-uk.pdf

You must only exercise discretion for excessive absences during the final year of the qualifying period under section 6(1) if the future intentions requirement 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 – discretion is only 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: o applicants have demonstrated that they have made this country their home by establishing a home, employment family, property and finances in the UK o the absence is justified by Crown service or by compelling occupational or compassionate reasons • 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 the UK their home • exceeding 180 days where the residence 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.

Kind Regards

Immigration Warrior and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you! Appreciate. I have another question on a similar topic which I'll send you separately