To my knowledge we haven't had many successful cases where applicants asked for discretion because of COVID. Did you make any efforts to book flights, and were the flights cancelled? Do you have a letter from your GP stating that travelling would have been a serious risk to your health?
If you want to go down this path you may want to speak to a solicitor, as I said we don't have a lot of success stories to build on.
The advice on the guidance is quite clear:
Where an applicant has spent more than the 450 days for section 6(1) applications, or 270 days for section 6(2) applications, outside of the UK during the qualifying period you must consider exercising discretion if they meet the other requirements.
Where the applicant exceeds the permitted absence by 30 days or less you must exercise discretion unless there are other grounds on which the application falls to be refused.
Where the applicant has absences of between 480 and 900 days for applications under section 6(1) of the British Nationality Act 1981, or 300 and 540 days for applications under section 6(2) and otherwise meets the requirements you must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK, and one or more of the following applies:
at least 2 years residence (for applications under section 6(1)), or 1 year (for applications under section 6(2)), without substantial absences immediately prior to the beginning of the qualifying period - if the period of absence is greater than 730 days (for section 6(1)) or 450 days (for section 6(2)) the period of residence must be at least 3 or 2 years respectively
the excess absences are the result of:
postings abroad in Crown service under the UK government or in service designated under section 2(3) of the British Nationality act 1981.
accompanying a British citizen spouse or civil partner on an appointment overseas
the excess absences were an unavoidable consequence of the nature of the applicant’s career, such as a merchant seaman or employment with a multinational company based in the UK with frequent travel abroad
exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now, such as a firm job offer where British citizenship is a statutory or mandatory requirement
the applicant was prevented from being in the UK because they had been removed from the UK, and the decision to remove them was later overturned
the applicant was incorrectly prevented from resuming permanent residence in the UK following an absence
the excess absences were because the applicant was unable to return to the UK because of global pandemic
Two year of residence before the beginning of the qualifying period are required.
Also note in the guidance I just quoted it says
the excess absences were because the applicant was unable to return to the UK because of global pandemic. So your COVID absences may be waived only up to the point when borders between the country where you were and the UK were closed. Being vulnerable doesn't mean you were unable to return, you could have taken precautions and get on a flight once borders were open.
All advice comes from personal research and experience and should not be regarded as professional opinion.
