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Naturalization: Is resident status violated if absence was greater than 180 days at a stretch?
Posted: Tue Oct 19, 2021 2:20 pm
by saf481
I am planning to apply for Naturalization after living in UK on my ILR that was issued on 30 Apr 2018. In the last 5 years I have 2 absences from UK - one for 386 days and the other for 60 days; that is a total of 446 days which meets the 450 days requirement. My most recent arrival date to UK is 09 Jan 2020; since then I have not travelled out of UK so all the 'most recent 12 months' requirements are met.
My questions are,
1) Does the fact that one of my 2 absences is greater than 180 days at a stretch (infact more than 365 days at a stretch) invalidate my resident status to be even counted for the 450 days requirement?
2) If yes, the fact that I had a home in UK during this absence and that I have been paying my rent and council tax and filing my tax returns all through be of any help?
Re: Naturalization: Is resident status violated if absence was greater than 180 days at a stretch?
Posted: Tue Oct 19, 2021 2:53 pm
by alterhase58
There is no such "180 days" requirement.
The only similar requirement is that your absences should not exceed 90 days in the 12 months preceding your application.
Re: Naturalization: Is resident status violated if absence was greater than 180 days at a stretch?
Posted: Tue Oct 19, 2021 3:34 pm
by saf481
alterhase58 wrote: ↑Tue Oct 19, 2021 2:53 pm
There is no such "180 days" requirement.
The only similar requirement is that your absences should not exceed 90 days in the 12 months preceding your application.
I understood that is the case from all the reading I could do, but a solicitor wrote to me the following and I am wondering what that is and if I can find such a thing written somewhere in law.
"The 180 days is just from the perspective of continued residence. Because the law is that if you have been out for more than 180 days from the UK you technically are not resident until you resume your residency in the UK, this means that such a period will interrupt your 5 year residency period, hence you will have to start the 5 year period again. You will not find anything specific in that respect in the AN guide. If you don't mind testing the waters, you can try applying and seeing how it goes, but make sure the lengthy absence is not in your final year at least. However, in my opinion the chances are very slim that such an application will succeed. "
I could ask the solicitor where this is written in law but basically any more effort from them warrants a payment, which I am ok to pay but want do my own homework before that.
Re: Naturalization: Is resident status violated if absence was greater than 180 days at a stretch?
Posted: Tue Oct 19, 2021 4:28 pm
by craw19
From what I see, the only area that 180 days is even mentioned is during the absences in the final year which you do not even fall into.
If you do go down the avenue of requesting discretion, are you able to justify the 386 day absence? If that's the case then the 180 days (if such a thing exists) won't matter.
Re: Naturalization: Is resident status violated if absence was greater than 180 days at a stretch?
Posted: Tue Oct 19, 2021 6:25 pm
by alterhase58
saf481 wrote: ↑Tue Oct 19, 2021 3:34 pm
alterhase58 wrote: ↑Tue Oct 19, 2021 2:53 pm
There is no such "180 days" requirement.
The only similar requirement is that your absences should not exceed 90 days in the 12 months preceding your application.
I understood that is the case from all the reading I could do, but a solicitor wrote to me the following and I am wondering what that is and if I can find such a thing written somewhere in law.
"The 180 days is just from the perspective of continued residence. Because the law is that if you have been out for more than 180 days from the UK you technically are not resident until you resume your residency in the UK, this means that such a period will interrupt your 5 year residency period, hence you will have to start the 5 year period again. You will not find anything specific in that respect in the AN guide. If you don't mind testing the waters, you can try applying and seeing how it goes, but make sure the lengthy absence is not in your final year at least. However, in my opinion the chances are very slim that such an application will succeed. "
I could ask the solicitor where this is written in law but basically any more effort from them warrants a payment, which I am ok to pay but want do my own homework before that.
I have never heard of this in five years on this forum .... best not to spend any more money on solicitor.
Re: Naturalization: Is resident status violated if absence was greater than 180 days at a stretch?
Posted: Tue Oct 19, 2021 8:16 pm
by secret.simon
I suspect that the solicitor is making the same mistake that others on these forums make; treating naturalisation as an immigration application.
Naturalisation is made under different laws and rules and is not a part of the immigration pathway, which ends at ILR.
The five year residence requirement for naturalisation is not broken by any absence of 180 days. There is a requirement limiting the total amount of absences to 450/270, but no 180 days per year requirement
That being said, there is a mandatory/non-discretionary requirement that you be physically present in the UK exactly five years (three years, if married to a British citizen) before the date of the naturalisation application. Given your long continuous absence, can you verify that that is indeed the case?
Re: Naturalization: Is resident status violated if absence was greater than 180 days at a stretch?
Posted: Thu Oct 21, 2021 8:37 pm
by saf481
secret.simon wrote: ↑Tue Oct 19, 2021 8:16 pm
I suspect that the solicitor is making the same mistake that others on these forums make; treating naturalisation as an immigration application.
Naturalisation is made under different laws and rules and is not a part of the immigration pathway, which ends at ILR.
The five year residence requirement for naturalisation is not broken by any absence of 180 days. There is a requirement limiting the total amount of absences to 450/270, but no 180 days per year requirement
That being said, there is a mandatory/non-discretionary requirement that you be physically present in the UK exactly five years (three years, if married to a British citizen) before the date of the naturalisation application. Given your long continuous absence, can you verify that that is indeed the case?
Yes, I can confirm that, I am in UK exactly 5 yrs before if I made the application today and that would be the case for next 2 years. It was only this solicitors letter that made me concerned. I think, after reading all the comments so far I feel confident that I could go ahead and make the application.
Re: Naturalization: Is resident status violated if absence was greater than 180 days at a stretch?
Posted: Thu Oct 21, 2021 9:00 pm
by tier1lah1
I believe your lawyer is referring to being considered as a UK resident if you live in UK for more than 183 days (not 180 days) for tax purposes. This is different from naturalisation requirements.