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Lawyer21
Lawyer21, CILEx Lawyer
Category: Law
Satisfied Customers: 2875
Experience:  CILEx Lawyer
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I have one quick question regarding UK Naturalisation

Customer Question

I have one quick question regarding UK Naturalisation process - is there anyone with experience I can speak to and what is the process?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I have not filed anything yet. I live in the UK and have Spanish citizenship. I could file now with 103 days absences from the UK (due to Covid) or I could wait 2 months to get to under 100 days. My questions to someone is - Under 100 days the Home Office offer discretion, just wanted to checks someone's experience with whether 103 days is a deal breaker?
JA: Have you talked to a lawyer about this?
Customer: Not yet no - I do not have a lawyer atm
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so - I can share a small table with my absences
Submitted: 17 days ago.
Category: Law
Expert:  Lawyer21 replied 17 days ago.

Hi, Welcome to JA

I am a UK Lawyer and will be happy to assist you today

Expert:  Lawyer21 replied 17 days ago.

What is the reason you were out of the country for 103 days?

Expert:  Lawyer21 replied 17 days ago.

If you are not married to a British citizen, you must satisfy the Home Office that you were not absent from the UK for more than either:

  • 450 days in the 5 year period prior to submitting your British citizenship application; and
  • 90 days in the period of 12 months ending with the date of your British citizenship application.
Customer: replied 17 days ago.
I went to visit my relatives from Christmas - I had a flight on 10th January but my cousin & her boyfriend had Covid symptoms so we were told to self isolate because we had been in contact with my aunty until they all got their tests back so I did not turn up to my flight and could only book one 10 days later.
Expert:  Lawyer21 replied 17 days ago.

Discretion should be exercised for absences of 100 days or less. For absences between 100-180 days, discretion may be exercised by the caseworker, taking into consideration your family, employment and whether you have established your home in the UK.

Expert:  Lawyer21 replied 17 days ago.

You should also prepare a covering letter and explain the reason for the absences. Given that this was for Covid - this is a valid reason and discretion can be exercised from the Home Office.

Customer: replied 17 days ago.
I have read all the guidance already - thank you. I just wanted to understand a lawyers experience with acceptances in these circumstances, considering it is just 3 days over the 100 and not 50 days over for example.
Expert:  Lawyer21 replied 17 days ago.

It should be fine here

Customer: replied 17 days ago.
Based on your experience - would you recommend I waited to be under 100 or is ok to apply now instead of having to wait many months for this to come down to 100?
Expert:  Lawyer21 replied 17 days ago.

You can apply now based on discretion grounds and with a covering letter.

Customer: replied 17 days ago.
ok great - thank you! Do you recommend I provide all the boarding passes / emails I can find or will they request that information at a later date?
Expert:  Lawyer21 replied 16 days ago.

Yes you can provide this to them