UK Sets Travel Limits for Foreigners Applying for British Citizenship

• The UK government published absence rules that determine whether foreigners qualify for British citizenship under the five-year or three-year routes
• Applicants on the five-year route must not have spent more than 450 days outside the UK, while those on the three-year route face a 270-day limit
• The rules also set a 90-day cap on absences in the final 12 months before an application, with limited exceptions for Crown service or compassionate reasons

The UK government has published official guidance setting out how many days foreigners can spend outside the country during their qualifying period before they lose eligibility for British citizenship.

The rules, contained in Form AN guidance published by the Home Office, apply to both the standard five-year route and the three-year route available to those married to or in a civil partnership with a British citizen.

British citizenship: Absence limits by application route

Under the five-year route, applicants must not have been absent from the UK for more than 450 days during their qualifying period.

Those applying via the three-year route face a tighter cap of 270 days. The guidance says only whole days away from the UK count towards the total; the dates of departure and return are not included in the calculation.

The Home Office sets out conditions under which some excess absences can be overlooked:

1. Absences up to 480 days are normally disregarded on the five-year route, and up to 300 days on the three-year route.

2. Absences up to 900 days on the five-year route, or 540 days on the three-year route, may be disregarded if the applicant has established their home, family, and a substantial part of their estate in the UK.

3. For absences beyond 730 days on the five-year route, or 450 days on the three-year route, the Home Office expects the applicant to have been resident in the UK for at least seven or four years respectively, unless specific circumstances apply.

4. Absences linked to Crown or designated service, such as those serving in HM Forces, may be considered for discretionary disregard.

5. Absences caused by the nature of work, for example, merchant seafarers or employees of UK-based companies requiring regular international travel, can also be explained.

6. Compelling occupational or compassionate reasons, including a job offer for which British citizenship is a genuine requirement, may be taken into account.

7. Absences caused by an inability to return due to a global pandemic can also be cited as grounds for discretion.

The guidance warns that absences exceeding 900 days on the 5-year route, or 540 days on the three-year route, would only rarely be overlooked, and applications exceeding those limits are likely to fail without a full fee refund.

British citizenship: Final 12 months rule

Beyond the overall qualifying period limits, the Home Office also caps absences in the last 12 months before an application at 90 days, regardless of which route is being used.

Absences between 101 and 179 days during this final year may still be disregarded if the applicant demonstrates strong ties to the UK through family, an established home, and a substantial estate in the country.

Only in exceptional circumstances would the Home Office overlook absences exceeding 180 days in this final period.

Legit.ng reported that the UK released the cost of its five-year British passport.

In a related story, Legit.ng reported that the UK published the age requirements for foreigners applying for British citizenship.

Cost of British 10-year passport

Meanwhile, Legit.ng previously reported that the UK shared the cost of its 10-year British passport for applicants.

Both routes are available to applicants based in the United Kingdom. Those applying from outside the country are directed to a separate application process.

An adult passport issued under the scheme is valid for 10 years.

Source: Legit.ng