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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Casa wrote:Obie, this passage from the new AN booklet can't be correct can it? Surely it should read 5 years continuous residence for PR, not 6.
"You will need to provide evidence of 6 years continuous residence when you apply for your permanent residence card"
EEA nationals aren't issued with ILR. This is refers to a PR card.innocentdevil wrote:can this document me the BRP card for ILR ?
That's going to confuse people.Obie wrote:Casa wrote:Obie, this passage from the new AN booklet can't be correct can it? Surely it should read 5 years continuous residence for PR, not 6.
"You will need to provide evidence of 6 years continuous residence when you apply for your permanent residence card"
You are right CASA , i believe the author intended to say 5 say five years of treaty rights and another 1 years of treaty rights after that.
As per first post by Obie this new rule will come in effect on 12/11, thus it does not affect those that have already applied for naturalisation.Ishjon wrote:Hi, does this new rule of holding PR before applying for naturalisation also apply for those who applied already for naturalisation without holding a PR?
According to the updated Guide AN document (October 2015): "The date of application will be the date your form is received by the Home Office, Nationality Checking Service or the local British government representative as shown above. It is not the date on which you send it."Vera_ wrote:Hello,
I have my appointment on the 10/11. All my documents and papers are ready, but I don't hold a PR. Shall I already apply for it? Or they will let me know if I have it at a later point? Is there the risk they will reject my application because I don't hold one?
In the Home Office internal guidance for the Immigration (EEA) Regulations 2006 and the Free Movement of Persons Directive 2004/38/EC, under the section EEA free movement rights and the British Nationality Act (BNA) 1981, it states: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. 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.
Once again this infers that the Home Office have systems in place to check the actual date a PR card or document holder actually acquired PR.Any applications for British citizenship received on or after 12 November 2015 from persons who have acquired permanent residence in the UK in line with the Regulations, will need to show they hold a permanent residence card (PR) (if a non EEA national) or a document certifying permanent residence (DCPR) (if an EEA national) as evidence they have acquired permanent residence.
It is important to note that the date of issue on a PR or DCPR does not necessarily reflect the date that the PR was actually acquired. You must, therefore, check CID to see whether the date the PR was deemed to have been acquired has been recorded.
So the long and short of it is that no you don't have to wait, if you have held PR for at least 12 months and you apply for the card/document based on that period ending at least 12 months ago.I can confirm that a person acquires permanent residence following 5 years’ residence in
accordance with the EEA Regulations, not on the date they obtain a residence card. The
date that they were deemed to have acquired permanent residence will be recorded on
UKVI’s database and so will be clear to the nationality caseworker. This means that a
person who has been resident in the UK for some time can send evidence that they were
resident in the UK for a 5 year period ending at least 12 months before they want to apply
for citizenship, and can then immediately apply for citizenship.
In the example you provided the person appears to have qualified for permanent residence
in September 2014. Provided he or she supplied the relevant information, that date will be
recorded on UKVI’s system and so he or she would be able to apply for citizenship at any
time after September 2015.
It's not entirely true. I've same issue and I was at NCS who talked to HO. You can read my full story here, but the long story in short:nordize wrote:So a tl:dr for EEA nationals would be: An EEA national does not have to wait 5 years + obtain PR card + 1 year before applying for citizenship but can apply immediately after 5+1 years provided a PR card is obtained any time during the last 1 year based on exercising treaty rights for the first 5 years.
Theoretically you should be able to find out the date that the HO believe you acquired PR by doing a subject access request to UKVI. As soon as my PR doc arrives, I plan to do this, so I know whether it's safe to apply for naturalisation immediately. I did provide them with 6 years evidence of exercising treaty rights in the EEA(PR) application, but also mentioned that I had been here since 1991 and been through the education system etc, although I didn't provide proof of this other than a letter from my secondary school confirming that I was a student there until 2006,Sas Sam wrote:Because the HO will declare your PR status start date based on something (nobody knows what's that)
Yes, probably you're right, you can ask UKVI about the start date, but it's a bit funny for me... why the card doesn't show that date?! Why it contain a sort of irrelevant date (issue date)?! Why do we have to subject access request to find out the necessary date which is slowing down our process and generate additional work for HO?!ohara wrote:Theoretically you should be able to find out the date that the HO believe you acquired PR by doing a subject access request to UKVI. As soon as my PR doc arrives, I plan to do this, so I know whether it's safe to apply for naturalisation immediately. I did provide them with 6 years evidence of exercising treaty rights in the EEA(PR) application, but also mentioned that I had been here since 1991 and been through the education system etc, although I didn't provide proof of this other than a letter from my secondary school confirming that I was a student there until 2006,Sas Sam wrote:Because the HO will declare your PR status start date based on something (nobody knows what's that)
I'm sure UKVI can do checks on this sort of thing; it must be in a database somewhere. The fact that my application is taking slightly longer than some others gives me hope that they are doing some digging to ensure they get the correct date. In reality I have no idea when I actually did gain PR; I have had multiple qualifying periods. One reliable source online states that being in compulsory full time education counts towards PR clock - my home country joined the EU in 1995 and I was in primary school until 2000, so at a guess I could have acquired PR 16 years ago. The whole situation is so frustrating
Because they rushed it in, and didn't think it through. It makes absolutely no sense that the PR certificate would not show the date on which you actually acquired PR. It's good that NCS check with UKVI for the date before sending the form off though. However, I can see a lot of people applying without using NCS and just assuming that UKVI have recorded a date that is more than 12 months ago (like in your case) when they actually haven't and then getting refused and losing £1200Sas Sam wrote: Yes, probably you're right, you can ask UKVI about the start date, but it's a bit funny for me... why the card doesn't show that date?! Why it contain a sort of irrelevant date (issue date)?! Why do we have to subject access request to find out the necessary date which is slowing down our process and generate additional work for HO?!
Exactly... I bet they will get huge number of complaints after many rejections because of this date issue.ohara wrote:Because they rushed it in, and didn't think it through. It makes absolutely no sense that the PR certificate would not show the date on which you actually acquired PR. It's good that NCS check with UKVI for the date before sending the form off though. However, I can see a lot of people applying without using NCS and just assuming that UKVI have recorded a date that is more than 12 months ago (like in your case) when they actually haven't and then getting refused and losing £1200
Immigration Officers not date stamping EEA passports on entries and exits may make things more difficult. Can keep boarding cards, but they may also fade over time.Obie wrote:Provided a person can provide relevant documents for the period they entered