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Adam1976 wrote:Hi ,,
I was granted permanent resident card 10/ 2015,
I am married to European and we both have lived in the UK for 10 years.
We got married in 11/2009 , in 5/ 2015 I applied for permanext residency which I got it after 6 months.
Some people say I have to wait 1 year from 10/2015 and then I can apply for naturalisation.
Others say that I can apply now because from 11/2009 to 11/2015 is 6 years which means I am automatically eligible for the naturalisation.
The law has changed in December 2015, you will now have to wait one year after you acquired permanent residence card to be able to apply for naturalisation. So you will now have to wait till 10/2016 to apply for your naturalisation .
Unfortunately, this is a contentious point at present as the AN booklet hasn't been updated with the recent changes regarding PR. The NCS appears to be currently refusing to accept BC applications without a PR card/certificate dated one year previous, disregarding the date when PR was automatically obtained.LilyLalilu wrote:"(...) 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. When you apply for a permanent residence document the evidence that you supply for your EEA(PR) application must be for a 5 year period that ended at least a year before you want to apply for citizenship.
For example: If you apply for Permanent Residence on 1st December 2015 and want to apply for Citizenship once that application is decided, you should send evidence that shows you were exercising Treaty rights as a qualified person or family member from 1 December 2009 to 1 December 2014. "
That's from booklet AN and indicates that one can apply once they have held Permanent Residence status for one year. The date from which one needs to wait 12 months therefore seems to be the date where one automatically acquired PR, not the date one received the document confirming PR.
So I don't think there is any need to wait 12 months from the date of receiving PR card, assuming you have actually held PR for 12 months or more."(...) 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. When you apply for a permanent residence document the evidence that you supply for your EEA(PR) application must be for a 5 year period that ended at least a year before you want to apply for citizenship.
For example: If you apply for Permanent Residence on 1st December 2015 and want to apply for Citizenship once that application is decided, you should send evidence that shows you were exercising Treaty rights as a qualified person or family member from 1 December 2009 to 1 December 2014. "
I interpret that last line to mean that the Home Office naturalisation team can verify internally, using the details of the PR Card, on which date did the applicant acquire PR, which need not be the date of the PR Card.You should apply for a permanent residence card to prove that you hold that status before applying for citizenship.
...
When you apply for a permanent residence document the evidence that you supply for your EEA(PR) application must be for a 5 year period that ended at least a year before you want to apply for citizenship.