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(2)The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
(a)that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and
(b)that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
(c)that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
(d)that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.
rosebead wrote:I have no idea why solicitors are misinforming you, it is worrying that there are so many badly-trained solicitors out there. I think they must be confused between ILR and naturalisation. I believe there is some discretion to apply a month early for ILR (though not for EEA4 which is different), however there is NO such discretion for naturalisation. The "12-month" rule is UK law under Section 6(1) of the British Nationality Act 1981 which states that on the DATE OF APPLICATION you must have had no restriction on your stay in the UK in the previous 12 months i.e. you were a Permanent Resident (point c below):
(2)The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
(a)that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and
(b)that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
(c)that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
(d)that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.
Dalebutt, I did say so in my post that I thought allenboo was PR in February 2103, however his PR card only attests to him being PR in April 2014 and not earlier. For the naturalisation application, the Home Office will still need to see evidence that allenboo was PR on February 2013. Unfortunatey sending in just his PR card will not cut it with the Home Office as it does not prove he was PR in February 2013, which is why I asked him if he had evidence to support that he was PR in February 2013, as he can submit that. Taken from the FAQ on this board:dalebutt wrote:Rosebead Perhaps you've sincerely overlooked the fact that PR is obtained automatically, allenboo is indeed due for naturalisation and can apply to naturalise as a BC, the dates on the PR does not mean PR was attained on the day, it is counted 5 years from the date of marriage solemnisation, provided treaty rights have been exercised then he should qualify to apply for naturalisation now.
Q5: I'm a EEA national/family member of EEA national. When can I apply for naturalisation?
Under EEA regulations, Permanent Residence status is obtained automatically after 5 years of exercising treaty rights. You need to hold PR status for 1 year to be eligible for naturalisation (unless you are married to a BC) so effectively you can apply after 6 years of residence in the UK. Having a PR Confirmation (following EEA3/EEA4 application) is optional and is not required in order to apply for naturalisation.
You have two options:
1. Apply after 6 years in the UK. This includes 5 years of exercising treaty rights + 1 year with PR. You will need to provide proof of the 5 years (similar to what is needed in EEA3/EEA4 application). Form AN has a specific section (Q2.4-2.6) for such application.
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required.
If you hold a PR Confirmation for less than 1 year but have lived in the UK for 6 years, you can apply using option (1). The PR confirmation can only be used if you apply 1 year after the issue date. The reason is that the PR Confirmation only contains one date - issue date. It doesn't state when the PR status was actually acquired. If you want to use a PR date prior to the issue date, you will need to provide treaty rights proof to prove it.