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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.alterhase58 wrote: ↑Tue Oct 19, 2021 2:53 pmThere 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 have never heard of this in five years on this forum .... best not to spend any more money on solicitor.saf481 wrote: ↑Tue Oct 19, 2021 3:34 pmI 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.alterhase58 wrote: ↑Tue Oct 19, 2021 2:53 pmThere 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.
"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.
secret.simon wrote: ↑Tue Oct 19, 2021 8:16 pmI 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?