aliactuary

Hello,

my spouse and children are in the UK on spouse/dependant visa and I am a British National.

I want to apply for British citizenship for kids where based on a 3 year continuous period in UK and absences not exceeding 270 days, kids become eligible. (Section 3(5) of BNA)

In the home office guidance, it says that there is no discretion for absences exceeding 270 days. Will the home office consider exceptional circumstances if we exceed 270 days?

Will be very grateful for your input. Thanks

BritInParis

Where are you reading this? If there’s no discretion then legally the Home Office is not permitted to make an exception.

aliactuary

Thanks BiP for your reply. I read about this in home office guidance doc for registration of children, please refer to page 12 (link below)

https://assets.publishing.service.go...en-v6.0ext.pdf

however, someone advised that home office does take into account exceptional circumstances which is why I was confirming.

christmasoompa

Who is 'someone'? If it's not in the official guidelines then I'd take that advice with a pinch of salt personally.

aliactuary

Thanks for your reply. Yes I am following the official guidelines even though it was a solicitor who advised me. Can’t risk it

christmasoompa

Odd, as the guidelines specifically say there is no discretion given. BiP will know if there is any way around it, I'd imagine the 'exceptional circumstances' would have to be pretty serious (i.e both parents being unable to travel for medical reasons) to qualify anyway, even if there is an exemption that could be made.

BritInParis

That’s pretty unambiguous. Your solicitor may be referring to registration under S.3(1) however.

SanDiegogirl

Might this be relevant (page 10 of document linked) ?

Discretion to allow excess absences in the first 10 years of a child’s life

Section 1(7) of the British Nationality Act 1981 gives discretion to allow absences of more than 90 days in any one or more of the first 10 years of the person’s life. You should normally waive excess absences if: • the number of days absent from the UK in any one of the years does not exceed 180 days and the total number of days over the 10 year period does not exceed 990 days • the number of days absent exceeds 180 or 990 respectively but was due to circumstances beyond the family’s control, such as a serious illness

BritInParis

That would be for persons born in the UK who are eligible for registration under S.1(4) on the basis that they lived there for the first ten years of their life regardless of their parents’ immigration status.