secret.simon wrote: ↑Tue Oct 05, 2021 4:18 pm
It is a very niche question and I will try and advise you based on my knowledge, but you may well have to consult a solicitor who is well-versed in this niche area of the law (i.e. not just any solicitor).
Naturalisation is not a part of immigration law, which ends at ILR. And immigration law and nationality law, which governs naturalisation, differ in some important details, such as, for instance, the definition of the United Kingdom. UK Immigration law only applies to the United Kingdom of Great Britain and Northern Ireland, whereas nationality law includes the Channel Islands and the Isle of Man in its application. I only point this out as an example that you should not stretch the definitions of immigration law into nationality law.
Apart from having absence requirements, a naturalisation application requires that you be
physically present in the UK at the start of the five year period immediately preceding the date of application. That is a non-discretionary/mandatory requirement that the Home Office can't dispense with/set aside and must be met. I am not convinced that offshore service would count as being "physically present" in the UK.
A quick google search linked to an article that suggested that working on the UK Continental Shelf (200 miles) outside UK territorial waters (12 miles) does not require UK immigration control. I am inclined to think that that means that it is not counted as being a part of the UK.
I would therefore be inclined to suggest that you wait until you complete five years of residence in the UK, ideally on
terra very
firma. But again, I would remind you that I am not a lawyer and you may want to consult a solicitor who would know about the
nationality law implications of working off-shore.
Thanks secret.simon for your reply and valuable advice, it's much appreciated,
I totally agree with you, I should consult a solicitor who is well-versed in this niche area of the law, unfortunately, doesn't seem to be many,
I have consulted one solicitor, and she confirmed that it should be fine, and she said "Yes it will count. As long as there was no break invalid leave and you submitted applications before the expiry of any application. The problem would come if your absences are more than the permitted amount."
I have no gaps between visas, and I have been in the UK (not offshore) present on the day 5 years from my planned application submission date (i.e submission date 20th Jan 2022, I have been present in the UK (not offshore) on 20th Jan 2017)
I will contact another solicitor, and see what's his though,
I may apply on the 20th Jan 2022, and prepare myself that my application may be refused (i.e not counting 2017), and keep my absence days maintained during 2022, to be ready to re-apply in Jan 2023 in case 2022 application been refused.
Thanks for your time, and if you find any answer to my query, please share it with me.
Thanks in advance.
