Grounds for an Exercise of Discretion where an Applicant has Excess Absences from the UK

Discretion may be exercised where the excess absences are the direct result of the applicant's postings abroad in service of the UK Government (Crown service), or in service designated under section 2(3) of the BNA 1981. This includes service with the Diplomatic Service or Consular Service (Foreign and Commonwealth Office), other government departments, and those employed in designated service overseas.

Where Crown Service is the reason stated, discretion should normally be exercised provided:

• The applicant was resident in the UK before the overseas posting started, and
• The excess absence is wholly or mainly due to the Crown service posting itself, or to accompanying a spouse, civil partner, partner or parent on such a posting.

Evidence: Certificate or statement from the relevant government department or armed service.

Former and current members of the UK armed forces (Royal Navy, Royal Air Force or British Army) benefit from specific discretion provisions that are more generous than other categories.

• Please note that members of the Brigade of Gurkhas are excluded from the Armed Forces discretion.

Discretion would normally be exercised where:

• The applicant was a member of the UK armed forces on the first day of the qualifying period,
• They were unable to be physically present on that date due to their service, and
• All other requirements are met.

All absences during the qualifying period that are attributable to armed forces service are to be disregarded entirely. Technical absences during service are also treated as residence.

If an armed services person is discharged from service and has absences after this discharge, they must provide the usual evidence for residence, such as their passport.

Evidence: Certificate or statement of employment in the UK armed forces.

Where an applicant's excess absences arise from accompanying their British citizen spouse or civil partner on an appointment or posting overseas, discretion may be considered.

This applies where the posting is in Crown or designated service, and the requirements for home, employment, family and finances established in the UK are otherwise met.

Evidence: marriage or civil partnership certificate to prove relationship to British Citizen spouse or Civil Partner, certificate or statement of employment proving that this spouse or partner is employed in the UK armed forces.

Discretion is available where the excess absences were an unavoidable consequence of the nature of the applicant's career. For example, a merchant seaman or an employee of a company based in the UK whose role requires frequent travel abroad. The person’s home and employer should be based in the UK.

The key requirement is that the travel must be inherent to the nature of the employment, rather than a matter of preference or choice, and the employer must be established in the UK.

Evidence: Applicants relying on this ground should be prepared to provide detailed evidence of their employment, the nature of their role and why travel was unavoidable.

Discretion may be considered where there are pressing occupational reasons that caused extensive absence from the UK.

The most common example is where British citizenship is a statutory or mandatory requirement for a specific job offer. For example, a role in Crown service. It is also required that the delay in applying was caused by circumstances outside their control.

The above has a high bar. The ground is intended to capture genuinely exceptional professional circumstances. For example, where an applicant is required by law to hold British citizenship before taking up a role in a regulated sector, rather than cases of mere inconvenience or career preference. A speculative or aspirational job offer is unlikely to be sufficient; the circumstances must be concrete and verifiable.

Evidence: Documentary evidence of the job offer and any statutory or regulatory requirement for citizenship, such as correspondence with a prospective employer, relevant statutory instruments, or regulatory body requirements.

Discretion may be considered where excess absences were caused by serious personal circumstances outside the applicant's control. This is a broad ground, but it requires genuine and significant hardship. Examples of circumstances that may qualify include:

• Caring for a seriously ill or dying close relative abroad. Where an applicant was required to travel and remain outside the UK for an extended period to care for a parent, spouse, child, or other close family member who was gravely ill or terminally ill, this may be treated sympathetically. The compassionate element must be genuine, and the duration of absence proportionate to the care required.
• Serious personal illness preventing return to the UK. Where the applicant themselves suffered a serious illness that made it physically impossible to return — for example, due to hospitalisation, incapacitation, or medical advice against travel — this may justify excess absences. The illness must have been severe enough to prevent travel, not merely to make it uncomfortable or inconvenient.
• Providing humanitarian aid in an area of acute need. Where an applicant was engaged in professional or voluntary humanitarian work in a disaster zone, conflict area, or region of severe humanitarian crisis, and this work caused or extended their absence from the UK, discretion may be considered. The nature and urgency of the humanitarian need will be relevant.
• Bereavement and the management of a deceased relative's affairs abroad. In some circumstances, the death of a close relative abroad and the associated practical and legal responsibilities — including administering an estate, arranging a funeral, or supporting surviving dependants — may contribute to excess absences. This is more likely to be persuasive where the absence was unavoidable and limited in duration.

Evidence: medical records and reports, death certificates, correspondence with medical professionals or aid organisations, or other independent documentation confirming the nature and duration of the compassionate circumstances.

Discretion may be exercised where:

• The applicant was prevented from being in the UK because they were removed, and the removal decision was subsequently overturned, or
• The applicant was incorrectly prevented from resuming permanent residence in the UK following an absence.
• The applicant was unjustly detained abroad by a foreign government through no fault of their own.

These grounds address situations where the excess absence was caused by an error or unlawful act by the state, and it would be unjust to penalise the applicant as a result.

Evidence: tribunal, court, or independent documentation proving the unjust detainment.

Where the excess absences were caused by the applicant being unable to return to the UK due to a global pandemic or equivalent international emergency, discretion may be considered.

Evidence: proof of border closures in the country where the applicant was stranded, evidence of attempted travel, like cancelled travel arrangements.