As a paralegal specialising in immigration law, I often face complex cases. In fact, I have recently had the privilege of assisting several clients with their naturalisation applications for British citizenship. These cases were particularly challenging due to extensive absences exceeding the 450-day limit over the 5-year qualifying period. Here’s how we successfully navigated the complexities of these applications. We offer tailored services and expert guidance in handling this type of application. Explore the details based on the most recent successful case I had, and let me know if we can assist in resolving a similar application for you.
Initial Assessment
I was approached to handle a naturalisation application involving 845 days of absence from the UK. The statutory requirement allows up to 450 days of absence over five years, with a maximum of 90 days in the final year. These excess absences were mainly due to work commitments, COVID-19 and lockdowns, and health issues. Understandably, the main concern is the likelihood of success.
Gathering Evidence and Exploring unique circumstances
Recognising the importance of a compelling case, we gathered comprehensive evidence, including:
- Employment Documentation: Employer records and letters confirming necessary international assignments and outlining the nature and duration of the projects and work.
- Covid-19 Impact: Documentation and evidence of disruptions caused by the pandemic and lockdowns.
- Personal Commitments: We requested medical records and family testimonies for absences due to health issues and family emergencies.
- Ties to the UK: To demonstrate the strong connection to the UK, we compiled evidence of property ownership, bank statements showing regular financial activity in the UK, and involvement in local community activities.
Crafting the Application
With the evidence in hand, we crafted a comprehensive application that highlighted several key points:
- Exceptional Circumstances: We argued that absences were due to exceptional and unavoidable professional and medical obligations.
- Economic Contribution: We emphasised the substantial contribution to the UK economy through the professional role, highlighting the importance of work and the revenue it generated for the UK-based employer.
- Commitment to the UK: We underscored the strong ties to the UK and intention to further reside permanently in the UK, and good character and commitment to the UK.
Mitigating Factors: We provided detailed explanations for each significant absence, supported by documentary evidence, to show that each was justified and, in many cases, unavoidable.
We submitted the application with a well-structured legal representation letter that outlined the arguments in detail, drawing attention to the Home Office’s discretion to grant naturalisation in cases where the applicant demonstrates exceptional circumstances and strong ties to the UK.
Outcome
After a three-month wait, well within the Home Office’s six-month timeframe, we received confirmation that the application was approved. The Home Office recognised the exceptional professional commitments and strong ties to the UK, which are clearly outlined in the application. The naturalisation ceremony was scheduled, and our client is now a proud British citizen.
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