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PR document necessary for naturalisation?

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

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Jaeger
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PR document necessary for naturalisation?

Post by Jaeger » Wed Oct 28, 2015 6:17 pm

Today new versions of Guide AN and Booklet AN were published. They have clearly shortened a list of required documents for EEA applicants. There is nothing about Treaty Tights, just PR document.

So that's an extra burden on Euro Team at UKVI. Maybe prices of PR documents will go up in April. That will be a shock to many EEA applicants who skip PR card part.

Interesting days. The more EEA applicants know about it, the better

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Re: PR document necessary for naturalisation?

Post by CR001 » Wed Oct 28, 2015 7:32 pm

Can you provide the link for form? I can only find an updated AN Guide and not the updated form you mention (still shows May 2015).
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chocolateorange88
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Re: PR document necessary for naturalisation?

Post by chocolateorange88 » Wed Oct 28, 2015 7:40 pm

https://www.gov.uk/government/uploads/s ... r_2015.pdf




The actual AN form probably won't change until 5th November

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CR001
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Re: PR document necessary for naturalisation?

Post by CR001 » Wed Oct 28, 2015 7:50 pm

chocolateorange88 wrote:https://www.gov.uk/government/uploads/s ... r_2015.pdf




The actual AN form probably won't change until 5th November
Yes chocolateorange88, if you read my post, I have clearly stated I have found and seen the new AN guide. I was specifically asking about the form :shock:

5th Nov has been extended to 12 Nov (page 14 of the new AN Guide), so likely a new form might be out around that time.
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Re: PR document necessary for naturalisation?

Post by chocolateorange88 » Wed Oct 28, 2015 8:01 pm

CR001 wrote:
chocolateorange88 wrote:https://www.gov.uk/government/uploads/s ... r_2015.pdf




The actual AN form probably won't change until 5th November
Yes chocolateorange88, if you read my post, I have clearly stated I have found and seen the new AN guide. I was specifically asking about the form :shock:

5th Nov has been extended to 12 Nov (page 14 of the new AN Guide), so likely a new form might be out around that time.

Yeah Ive now just seen that you found it and was too late to delete the post! Apologies!

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Re: PR document necessary for naturalisation?

Post by secret.simon » Wed Oct 28, 2015 8:39 pm

Jaeger wrote:Today new versions of Guide AN and Booklet AN were published. They have clearly shortened a list of required documents for EEA applicants. There is nothing about Treaty Tights, just PR document.

So that's an extra burden on Euro Team at UKVI.
I do not answer for the Home office. But I can see that this move makes administrative sense. At the moment, the naturalisation team, which sits in the Home Office, must not only know UK citizenship law, which is relatively straightforward and precise, but also EU law on PR, which is not only intentionally vague, but also very fluid due to ECJ judgments.

By requiring the applicant to apply with a PR card, the Home Office have moved the complexity of dealing with PR queries to a specialised team, which sits in the UKV&I (which is an executive agency of the Home Office, but administratively separate). That would logically reduce the burden on the citizenship team of keeping up to date with EU law.

It could be window-dressing Home Office costs by shifting the costs around before the government's Spending Review in November.
Jaeger wrote:Maybe prices of PR documents will go up in April.
Unlikely. EU rules still dictate that documents issued under EEA Regulations must either be free or at cost. Had HMG decided to profit from issuing EEA documents earlier, they would not have held back for so long.

As I see it, it is an administrative move to hive off the complexity of EU law to a specialised team.
Jaeger wrote:That will be a shock to many EEA applicants who skip PR card part.
It is still as cheap as chips in the EEA Regulations world though.
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monab
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Re: PR document necessary for naturalisation?

Post by monab » Thu Nov 05, 2015 1:11 pm

Hi all,

I have read carefully the new requirements for EEA citizens under the new form/booklet/guide published 28th Oct/2 Nov.
Nevertheless, it is not clear if they just require you to have a document certifying Permanent residence OR having one and holding it for 12 months?

I have PR status for over 12 months (as you automatically acquire PR after 5 years of treaty rights), but held the document certifying this for only 5 months ( I applied late for it).
Can I still apply for naturalisation now? (before I have a PR DOCUMENT for 12 months)
Any thoughts are welcome, many thanks!

Excerpt from Booklet AN 28 Oct 2015 below:
''If you are a national of a country which is a member state of the EEA or Switzerland, or the
family member of such a person, you will automatically have permanent residence status
after exercising EEA free movement rights in the UK for any continuous period of 5 years
ending on or after 30 April
2006. You should apply for a permanent residence card to prove that you hold that status
before applying for citizenship.

But remember that, unless you are married to or the civil partner of a British citizen, you
should normally have held permanent resident status for 12 months before applying for
naturalisation. This means that you may need to wait until you have been in the United
Kingdom for 6 years before you can apply. You will need to provide evidence of 6 years
continuous residence when you apply for your permanent residence card''

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Casa
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Re: PR document necessary for naturalisation?

Post by Casa » Thu Nov 05, 2015 1:17 pm

monab wrote:Hi all,

I have read carefully the new requirements for EEA citizens under the new form/booklet/guide published 28th Oct/2 Nov.
Nevertheless, it is not clear if they just require you to have a document certifying Permanent residence OR having one and holding it for 12 months?

I have PR status for over 12 months (as you automatically acquire PR after 5 years of treaty rights), but held the document certifying this for only 5 months ( I applied late for it).
Can I still apply for naturalisation now? (before I have a PR DOCUMENT for 12 months)
Any thoughts are welcome, many thanks!

Excerpt from Booklet AN 28 Oct 2015 below:
''If you are a national of a country which is a member state of the EEA or Switzerland, or the
family member of such a person, you will automatically have permanent residence status
after exercising EEA free movement rights in the UK for any continuous period of 5 years
ending on or after 30 April
2006. You should apply for a permanent residence card to prove that you hold that status
before applying for citizenship.

But remember that, unless you are married to or the civil partner of a British citizen, you
should normally have held permanent resident status for 12 months before applying for
naturalisation. This means that you may need to wait until you have been in the United
Kingdom for 6 years before you can apply. You will need to provide evidence of 6 years
continuous residence when you apply for your permanent residence card''
"You will need to provide evidence of 6 years continuous residence when you apply for your permanent residence card'' This appears to be yet another Home Office error of information! I assume the intention was to write "when you apply for British citizenship/" Not the PR card which requires only 5 years of continuous residence. :?
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monab
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Re: PR document necessary for naturalisation?

Post by monab » Thu Nov 05, 2015 1:55 pm

Casa, I did not understand the last line either - unless they change the requirements for PR from 5 years to 6.

It seems to me that the text is quite unclear and contradictory. They say you acquire automatic status , but you DO need a document to certify.

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Casa
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Re: PR document necessary for naturalisation?

Post by Casa » Thu Nov 05, 2015 2:20 pm

Continual residence for PR is still 5 years. However although this is obtained automatically, after 12th November there is the requirement to submit a PR card when applying for British citizenship.
The new AN form has several errors. :?
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LilyLalilu
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Re: PR document necessary for naturalisation?

Post by LilyLalilu » Thu Nov 05, 2015 3:26 pm

What I have been wondering is:
Could I still apply for citizenship after 6 years of residence (i.e. 5 years for PR plus the usual 12 months free from immigration restrictions) as long as I submit a document certifying PR with my application?
Would they then contact the PR/EEA team to find out the date I acquired PR or how would this work? (I am sure no one knows for sure, just interested to see what others think)
Because as it stands now, it does not say anywhere that to apply you have to hold the PR card for 12 months, only that you have to have one. The requirements for citizenship via the EEA route are still PR and one year on PR (if not married to a BC of course...)
Just wondering how this would work in practice because documents certifying the automatically acquired PR only contain an issue date...
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

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