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Is there a 6/8 year rule for certain long term residents?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Intrepid V
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Posts: 30
Joined: Fri Jul 08, 2016 9:41 pm

Is there a 6/8 year rule for certain long term residents?

Post by Intrepid V » Mon Jul 11, 2016 2:29 pm

I have been in UK since 1997 (as a child with my parents, claiming asylum). In 2004, I was granted ILR.

I spoke to an immigration solicitor, and he said that for people like me there is also a 6 and 8 year rule, which works like the 5 year one. So if I was away from UK 5 years ago on the date of application, they would look if I was in the UK 6 years ago, if not, then 8.

I have called citizenship and nationality enquiries, and they are not aware of it. Is anyone here knowledgeable about this rule? Could you please provide relevant links?

noajthan
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Re: Is there a 6/8 year rule for certain long term residents

Post by noajthan » Mon Jul 11, 2016 2:37 pm

Intrepid V wrote:I have been in UK since 1997 (as a child with my parents, claiming asylum). In 2004, I was granted ILR.

I spoke to an immigration solicitor, and he said that for people like me there is also a 6 and 8 year rule, which works like the 5 year one. So if I was away from UK 5 years ago on the date of application, they would look if I was in the UK 6 years ago, if not, then 8.

I have called citizenship and nationality enquiries, and they are not aware of it. Is anyone here knowledgeable about this rule? Could you please provide relevant links?
No, you have misunderstood the solicitor or else she is very confused herself.

There is discretion over length of absences from UK.
Such absences may be counted up over a number of years when someone is applying for the privilege of citizenship.

But the requirement for an applicant, under section 6(1) of BNA, to have been physically present 5 years ago (from the pre-anniversary date of the application) is not negotiable.
And it doesn't matter how anyone happened to get ILR, there is no 'good' ILR or 'bad' ILR (as long as its legal ILR).

Ref https://www.gov.uk/government/uploads/s ... e_2016.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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