Best way to go about PR for EU citizen

[kirifella]

Hi All,

Took a good look at several posts but don't quite match my situation. I know the answer is buried somewhere but I thought I'd try with a new post. Therefore be nice !

Both my wife and I are French nationals who have been living in the UK since June 2010. We intend to apply for British nationality next year, so I started looking around and read a lot about the required 12 months from acquiring PR before naturalisation. Here's my set of questions:

1. When do the "5 years" period start from? The day we landed or the day we started looking for work? We had several interviews prior to moving here, so had been in and out the UK since a couple of months prior to June 2010, but certainly spent more days in the UK for the 2010-11 tax year than abroad.

2. After we moved in June 2010, I started working straight away but the wife didn't have a job until 5 months later, during which she was interviewing. Section 9 of the application form requires "Evidence of registration as a jobseeker with Jobcentre Plus". We did visit a Jobcentre Plus, but a) we managed to get an appointment only about a month after we landed and b) we went there just to get the NI number and were not looking for other means of support.

3. I hear the processing timeframe is quite lengthy at the moment. To save time, should I send the application a few weeks before completing the 5 years knowing for sure that it won't be reviewed until after my 5 years have completed?

4. Is it even worth going through all this to get a PR as EU citizen? Or shall I just wait until we decide to naturalise?

Many thanks in advance.

[DMY]

You are qualify for 5yrs residency since you started work and that can be proof from your P60 or employment history and your wife can be qualify automatically the day she start working,however you both have to proof your 5 yrs of exercising treaty right on 2015 and then apply for BC by next yr after 12 months of treaty right.

[kirifella]

DMY, thanks, but I am rather confused. Can you please tell me which part of my question (or point) you are addressing with your post?

Thanks

[LilyLalilu]

1. When do the "5 years" period start from? The day we landed or the day we started looking for work? We had several interviews prior to moving here, so had been in and out the UK since a couple of months prior to June 2010, but certainly spent more days in the UK for the 2010-11 tax year than abroad.
You have an initial right to reside of 3 months, so could technically count time before you started looking for work...but be aware that you will also have to provide proof of residence in the UK for the last 5 years, so it may be difficult to get this evidence (bank statements, council tax/utility bills) together if you were just coming in for interviews once in a while. So I guess it's just easier to apply from the date you started looking for work/ can prove your treaty rights and your residence.

2. After we moved in June 2010, I started working straight away but the wife didn't have a job until 5 months later, during which she was interviewing. Section 9 of the application form requires "Evidence of registration as a jobseeker with Jobcentre Plus". We did visit a Jobcentre Plus, but a) we managed to get an appointment only about a month after we landed and b) we went there just to get the NI number and were not looking for other means of support.
You do not have to be registered with a job centre, this is just one way of providing evidence of being a job seeker. If she has other documents to prove this (eg. application/rejection letters, invitation to interview letters etc.), then she should be able to apply as a job seeker.

3. I hear the processing timeframe is quite lengthy at the moment. To save time, should I send the application a few weeks before completing the 5 years knowing for sure that it won't be reviewed until after my 5 years have completed?
I would not do this, I think the date the home office receives your application (usually postage day +1) will be taken as the date of application; sending it earlier may lead to the application being rejected.

4. Is it even worth going through all this to get a PR as EU citizen? Or shall I just wait until we decide to naturalise?
- Sometimes applications for naturalisation are processed faster if you apply with the PR card
- Should the PR application get rejected because of issues with treaty rights, you only lose £65 and have the right to appeal, whereas if your application for naturalisation is rejected you risk losing approx. £1000 and have no right to appeal.
So I guess it depends on your individual case; if you are certain that you have clear proof of exercising treaty rights for 5 continuous years, you can wait for 1 year after automatically acquiring PR (June 2015) and then apply straight for naturalisation (June 2016).

[kirifella]

LilyLalilu : FAN-TA-STIC. All crystal clear now. Many, many thanks for your great help.