When seeking to naturalise as a British citizen, applicants must meet strict limits in relation to their absences from the UK. In this article we explore the residence and absence requirements that individuals must meet.
Individuals aged over 18, who have lived in the UK for a set number of years (as explained below) can, if they choose to and if they meet certain eligibility requirements, apply to naturalise as a British citizen. The British Nationality Act 1981 sets out the circumstances in which an individual can apply to naturalise as a British citizen and the numerous requirements that must be met. One of the most complex requirements relates to residence and absences from the UK.
Whether married to a British citizen or not, an individual will need to be free from immigration time restrictions at the date of their application. This means that they will need to be settled in the UK (those who hold Indefinite Leave to Remain (ILR) or Permanent Residence status are settled).
Providing they meet the residence and other requirements, those who are married to a British citizen are able to apply to naturalise as soon as they are free from immigration time restrictions. Those who are not, will need to have been free from immigration time restrictions for at least 12 months prior to making an application to naturalise as British.
Duration of residence
The duration of an individual’s residence in the UK will be taken into account when their application is assessed. Under the British Nationality Act, those married to a British citizen must have resided in the UK for a three-year period whereas those who are not married to a British citizen must have resided in the UK for five years before being eligible to naturalise as British.
In practice, because the spouse of a British citizen must have lived in the UK for at least five years in order to qualify for ILR, there is no real distinction between the two categories in terms of the duration of residence in the UK. However, the rules relating to the permitted absences for spouses of British citizens are more relaxed and these are set out below.
Applicants who are married to a British citizen
As an individual who is married to a British citizen needs to have only lived in the UK for three years prior to being able to apply to naturalise as a British citizen, when making an application, they need only provide evidence of their residence in the UK during the preceeding three years. During that three year period, they should have spent no more than:
- 90 days outside the UK in the 12 months prior to submitting their application; and
- 270 days in total outside the UK across the three years prior to submitting their application.
As this is a more stringent rule than the absence limits that apply in relation to spouse ILR applications, applicants can find they have accidentally exceeded this limit.
Thankfully, the Home Office does allow an element of discretion to be applied in relation to absences and will usually disregard absences of up to 100 days during the previous 12 months, and up to 300 days across the previous three years.
Absences in excess of this may, in certain circumstances, be disregarded but the applicant would need to provide additional evidence in order for this to be the case. In particular, absences of between 101-179 days in the 12 months prior to submitting an application will generally be disregarded if the applicant can demonstrate that they have strong links to the UK through, for example, the presence of family, owning property or work in the UK. If the individual does not meet all further requirements to naturalise as a British citizen, they may also need to demonstrate that there were compelling occupational or compassionate reasons for their excess absences.
Absences over the three-year residency period in excess of 270 days, up to a maximum of 540 days, may also be disregarded if the individual can show strong ties to the UK. However, in such circumstances they would be expected to have lived in the UK for longer than three years.
Applicants who are not married to a British citizen
Those who are not married to a British citizen need to have lived in the UK for five years prior to being able to naturalise as British. However, as they must have been free of immigration time restrictions for 12 months before applying, in the vast majority of cases applicants will need to have lived in the UK for six years.
In order to be able to apply to naturalise as British in such circumstances, an individual will need to show that they have spent no more than:
- 90 days outside the UK in the 12 months prior to submitting their application; and
- 450 days in total outside the UK across the five years prior to submitting their application.
Again, as this is a more stringent requirement than for ILR applications (many categories allow up to 180 days outside the UK per 12 month period), we find that people have absences that are excessive. However, as per the above category, the Home Office also offers discretion here and will usually disregard absences of up to 100 days during the previous 12 months, and up to 480 days across the previous five years.
If an applicant has absences in excess of this and can demonstrate strong ties to the UK and/or compelling or compassionate reasons for the excessive absences, additional absences may also be overlooked. In particular, absences of up to 179 days during the 12 months before the application is filed may be disregarded if strong ties to the UK are shown, and absences of up to 900 days across the five years before it is filed may also be disregarded if the same factors apply and evidence can be provided. However, in such circumstances, the applicant would be expected to have lived in the UK for over five years.
Demonstrating strong ties to the UK
Demonstrating that an individual has strong ties to the UK can be fairly subjective in an application to naturalise as a British citizen. We would, however, expect an individual to be able to demonstrate close ties to the UK by showing, in relation to the UK:
- property ownership;
- business ownership;
- a bank account;
- employment;
- close family.
How we can assist
We are experienced in assisting clients to prepare strong cases to submit to the Home Office, including when the specific requirements relating to absences from the UK may not have been met. We have ensured numerous successful outcomes despite there being excessive absences.
If you require legal advice on absences for naturalisation applications or you need any other advice on this area of law, please contact us or complete our enquiry form below.
