Excessive Period of Absences

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
8 April 2019

We have assisted an Italian national who came to the UK in January 2007 and who obtained, with our assistance, permanent residence in the UK with a deemed settled status, dated of 5th April 2013. This was after he exercised treaty rights in the UK continuously since 2007. He was eligible to apply for naturalisation as of 5th April 2014 and the challenge in this case was his absences from the UK. He exceeded the level of absences for the residence requirements. However, we persuaded the Home Office to exercise discretion over the excessive absences. Analysis of the Home Office guidance in relation to excessive absence revealed that absences up to 480 days in the five year qualifying period would normally be disregarded, whereas absences of up to 900 days in the five year qualifying period would normally only be disregarded if the applicant met all other requirements and had established his home, family and a substantial part of his estate in the UK. As our client spent 876 days absent in the five-year period, he fell within the amount of absence that can be considered for discretion. The applicant has been successful.