The Exception, Not the Rule: Discretion for Naturalisation Absences (Sections 6(1) & 6(2))
- Michael Crago
- Sep 29
- 3 min read
Naturalisation as a British citizen is subject to strict statutory requirements, particularly regarding continuous residence. However, the Home Secretary retains the power of discretion to overlook excessive absences in the face of compelling circumstances.
This guide clarifies the Home Office's internal policy—which should not be confused with an entitlement—on when and how they may exercise discretion to grant citizenship, even if the statutory absence limits are breached.
What is the Discretionary Framework?
Naturalisation under Section 6 of the British Nationality Act 1981 (BNA 1981) is governed by two sets of residence rules:
Route | Statutory Qualifying Period | Statutory Total Absence Limit | Statutory Final Year Limit |
Section 6(1) (General) | 5 Years | 450 Days | 90 Days |
Section 6(2) (Spousal) | 3 Years | 270 Days | 90 Days |
If your calculated absences exceed these statutory limits, your application is technically liable for refusal. Discretion is the power used by the Home Office to waive these specific requirements where compelling factors exist.
Eligibility/Assessment: When is Discretion Applied?
Discretionary powers are applied in stages, based on how severely the statutory limits are breached.
1. The Automatic Discretion Zone (Minimal Breaches)
Discretion is generally exercised automatically (unless there are other grounds for refusal) in the following circumstances:
Route | Qualifying Period Absence | Final Year Absence |
Section 6(1) (5-Year) | Up to 480 days (450 statutory + 30 days) | Up to 100 days (90 statutory + 10 days) |
Section 6(2) (3-Year) | Up to 300 days (270 statutory + 30 days) | Up to 100 days (90 statutory + 10 days) |
2. The Compelling Circumstances Zone (Significant Breaches)
If your total absences fall into this wider discretionary zone, the Home Office will only consider a grant if you demonstrate strong ties to the UK and your absence is justified by a compelling reason.
Route | Absences That May Be Considered Discretionary |
Section 6(1) (5-Year) | Between 480 days and 900 days total |
Section 6(2) (3-Year) | Between 300 days and 540 days total |
The Discretionary Zones and Evidential Requirements
For the Home Office to approve an application within the compelling circumstances zones above, the applicant must meet two hurdles:
Hurdle 1: Established UK Life (The "Home" Test)
You must demonstrate that you have made the UK your permanent home by establishing strong and continuing links through:
Home: Having a permanent residence (owned or rented) in the UK.
Employment: Working or running a business in the UK.
Family: Having close family (spouse/children) settled in the UK.
Finances: Maintaining financial interests (bank accounts, tax payments, pensions) in the UK.
Hurdle 2: Compelling Reason (The "Why" Test)
You must prove that the excessive absence was caused by one of the following exceptional reasons:
Crown Service: Postings abroad in Crown service or accompanying a British citizen spouse/civil partner on a Crown service appointment.
Unavoidable Career: The absence was an unavoidable consequence of the nature of your career (e.g., merchant seaman, essential frequent travel for a UK-based multinational).
Compelling Compassion: Exceptional and compelling reasons of a compassionate nature (e.g., severe illness, caring for a critically ill close relative abroad).
Global Events: Inability to return to the UK due to a global pandemic or political turmoil.
Absences in the Final Year
The final year 90-day limit is viewed very strictly. While discretion may extend up to 180 days if strong ties are proven, absences exceeding 180 days in the final year are highly unlikely to be approved unless justified by exceptional circumstances like Crown Service.
What Does it Cost?
This discretion is part of the standard naturalisation process. You pay the standard Naturalisation Application Fee (Form AN) and the mandatory ceremony fee (approximately £1,735 total as of late 2025). The discretion process itself does not incur a separate fee, but it requires substantial investment in legal preparation.
The Path to Citizenship
Successfully navigating the discretion policy results in a grant of British Citizenship, allowing the applicant to attend a citizenship ceremony and obtain a British passport. Note that even where all requirements for discretion are met, the Home Secretary retains the final power to refuse the application if they deem it not to be in the public interest.
Navigating the Discretionary Minefield
Applications relying on discretion are treated as complex cases and face increased scrutiny. Submitting vague or poorly evidenced claims of "compelling reasons" will result in refusal. A successful case requires a strategic legal argument, detailed evidence mapping the continuous residence, and precise justification for the excess absences.
Book a consultation today with one of our IAA-qualified immigration professionals. We specialize in presenting these nuanced, complex cases to the Home Office, maximizing the chances of a favourable exercise of discretion.
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