If you have spent more time absent from the UK than the limits set out in the criteria then you can ask for discretion to be applied to your application. This can be applied to allow absences of up to 300 days in three years for those married to a British citizen, and 480 days in five years for those not married to a British citizen.
The discretionary flexibility outlined above must be applied unless there are other grounds on which the application may be refused. In addition, as an individual you can make a discretionary application in the following circumstances:
- If you are married to a British citizen and have been absent from the UK for between 300 and 540 days in the three years preceding your application
- If you are not married to a British citizen and have been absent from the UK for between 480 and 900 days in the five years preceding your application
Most application of this kind will not be successful unless you can demonstrate that:
- You have established your home in the UK
- You have employment in the UK
- You have established your family in the UK
- Your finances are established in the UK
In addition to these conditions, at least one of the following has to apply:
- Depending upon whether you are married to a British citizen, and the exact number of absences from the UK you have had, you must have one to three years residence in the UK without substantial absences before the statutory qualifying period
- Your excess absences are linked to overseas postings
- Your excess absences were an unavoidable consequence of your employment
- You can demonstrate extremely compelling reasons – of a compassionate or occupational nature – to justify naturalisation being granted
- You were absent from the UK because you had been removed from the UK, and the decision to remove you was later overturned
- You were incorrectly prevented from resuming permanent residence in the UK following an absence
- You were unable to return to the UK due to a global pandemic
In addition, you can exceed the permitted 90 day-limit over the most recent 12 months in certain situations. Our detailed blog goes into this issue of excess absences in more detail.
