.png)
Excessive Absences in a British Citizenship Application: Guidance for Swiss Residents in the UK
- Alexandra Pease
- Mar 23
- 3 min read
Updated: 4 hours ago
In this article:
Understanding the Absence Requirement for Naturalisation
Key Home Office Rules on Timing and Excess Absences
Maximum Allowable Absences Under British Nationality Law
How to Calculate Time Spent Outside the UK
Discretion in Cases of Excessive Absence
Seeking Advice from Our Nationality Barristers
1. Understanding the Absence Requirement for Naturalisation
For Swiss nationals and Swiss residents who have moved to the UK and are now looking to apply for British citizenship, it is important to understand the “absence requirement” under the British Nationality Act 1981.
Naturalisation applications fall under either:
Section 6(1) – for those not married to a British citizen; or
Section 6(2) – for those who are married to a British citizen.
If applying under Section 6(1), you must also show that you intend to make the UK your principal home. In both cases, however, you must meet strict rules regarding time spent outside the UK. Excessive absences during the qualifying period can result in refusal unless discretion is exercised.
2. Key Home Office Rules on Timing and Excess Absences
The Home Office’s nationality policy guidance—Naturalisation as a British citizen by discretion—provides detailed rules around the timing of applications and how absences are assessed.
You must usually have been physically present in the UK at the start of the 3-year or 5-year qualifying period, depending on the category you are applying under.
Some exceptions exist, including for those in Crown service or with compelling personal or health-related circumstances.
3. Maximum Allowable Absences Under British Nationality Law
To apply for British citizenship:
Under Section 6(1) (5-year route), you must not have been absent from the UK for more than 450 days over the last 5 years.
Under Section 6(2) (3-year route, if married to a British citizen), the limit is 270 days over the last 3 years.
For both categories, you must not have been outside the UK for more than 90 days in the 12 months immediately before applying.
Discretion may be available where absences exceed these thresholds, but this will depend on your individual circumstances.
4. How to Calculate Time Spent Outside the UK
Absences are calculated based on whole days spent outside the UK. The dates of departure and return are not counted as days away.
Evidence of your time in the UK may include:
Passports or travel documents
Entry/exit stamps
Employment records
Bank statements or utility bills
The Home Office may accept alternative documentation where travel documents are not available, especially for those with limited travel options (e.g. refugees).
5. Discretion in Cases of Excessive Absence
If your absences exceed the permitted limits, the Home Office has the power to exercise discretion only where all other requirements are met. This includes having your home, family, employment, and financial life established in the UK.
Discretion may be considered in the following situations:
Absences up to 30 days over the limit: discretion is usually granted.
Absences between 480–900 days (for 6(1) applicants) or 300–540 days (for 6(2) applicants): discretion may be exercised if strong ties to the UK are demonstrated.
Absences due to:
Accompanying a British spouse abroad
Employment with a UK-based multinational
Health issues or global events (e.g. pandemic-related travel restrictions)
Crown service or armed forces
Where absences exceed these further thresholds, applications are unlikely to succeed unless there are exceptional and well-documented circumstances.
6. Seeking Advice from Our British Nationality Lawyers
If you are originally from Switzerland and have moved to the UK with a view to settling permanently, but are concerned about time spent outside the UK—such as for family visits, employment abroad, or travel disruptions—it is vital to seek tailored legal advice.
Our British nationality lawyers advise many clients with Swiss connections, including those navigating cross-border careers or family life. We can help you assess your eligibility, calculate your absences, and prepare evidence to support a discretionary application if needed.
Contact our immigration team on +41 21 588 07 70, email info@richmondchambers.com or submit an enquiry through our website.