Changes in citizenship App from 12/11 PR Doc Required

[ohara]

Are you saying there's going to be a new AN form, even though the latest one came out this month?

[Obie]

Are you saying there's going to be a new AN form, even though the latest one came out this month?

I am saying that the latest version, has been properly modified to address my cause for concern, although not fully and correctly implemented, but it is a start.

The new AN form proceeds on the basis that a person whose PR application is approved, will be considered to have acquired that status from the day he made the application.

That is not correct, as the person may have acquired it several years before applying. However it is a start, but a long was to go. At least they recognised that the position that the 12 months start after PR has been issued as untenable.

[ohara]

At least they recognised that the position that the 12 months start after PR has been issued as untenable.

Absolutely, and it would be outrageous to think otherwise. If they did go down this route, there would surely be an absolutely enormous drop in the amount of citizenship applications in the 12 months after the changes were brought in back in November, as I imagine probably 75% or more of EEA citizens at least will never have bothered getting a DCPR. I've been here for 25 years and I have never needed one until now.

[Pablo1987]

Hi there

I am a bit confused what to do next! I recently received my PR but i am not sure if i can apply for British citizenship in a year... My first contact with HO was in 2009 and i heard about the 10years rule last week.. Prior to that i was illegally in the UK for 5 years.

Can someone tell me if i have to wait till 2019 or i can apply in a year time??

Thanks

Pablo

[ohara]

10 years from the date you became legal

[natienka]

That case workers have been advised that the date of the issue of PR should not be used as a date of the acquisition of PR status as this will infringe Schedule 2(2) of the EEA regulation 2006.

This is brilliant, thank you. Obie is there a way you could either upload that response (a copy of it) or maybe a reference number of that response? It would be really helpful for others.

What 10 year rule?! I think I'm slowly going insane

[ANODOS]

Hi there, I addressed the issue of having to hold a PR card for 12 months before being eligible to apply for naturalisation with a local NCS office. I told them that I spoke to a couple of Home Office phone advisors and was told that I needed to hold a PR card for 12 months, not PR status. My local NCS adviser said it was contradicting the guidance they received from the Home Office. They contacted the Home Office on my behalf and advised the following:

'I have now spoken to the Home Office and they have assured me that if you provide 5 years evidence of exercising treaty rights when you apply for your PR card, The 5 years evidence MUST BE TO COVER A 5 YEAR PERIOD THAT ENDED AT LEAST 12 MONTHS BEFORE YOU WANT TO APPLY FOR CITIZENSHIP. This evidence will be noted on your file, so that when you come to apply for naturalisation the case worker will see that you qualified as being settled more than 12 months ago.

Here is the extract from the BOOKELT AN – available on the website

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 explained that the helpdesk for the public are giving out incorrect information regarding this, and they will be addressing it.'

I hope this helps

[Casa]

That case workers have been advised that the date of the issue of PR should not be used as a date of the acquisition of PR status as this will infringe Schedule 2(2) of the EEA regulation 2006.

This is brilliant, thank you. Obie is there a way you could either upload that response (a copy of it) or maybe a reference number of that response? It would be really helpful for others.

What 10 year rule?! I think I'm slowly going insane

The 10 year rule: You may find this interesting reading
https://www.freemovement.org.uk/good-ch ... htened-up/

[Fififi]

Done my NCS appointment in Wandsworth today, they are fab!
My PR card came in January. So the NCS guy called Home Office and they told him that my 6 years of Treaty Rights period was completed in 2012. It literally took one minute. They clearly know what they are doing there!

[LilyLalilu]

My PR card came in January. So the NCS guy called Home Office and they told him that my 6 years of Treaty Rights period was completed in 2012.

Why 6 years of treaty rights not 5?

[Fififi]

My PR card came in January. So the NCS guy called Home Office and they told him that my 6 years of Treaty Rights period was completed in 2012.

Why 6 years of treaty rights not 5?

I'm not married to my british partner, so it's a six years rule for me.Well to be precise 5 years of Treaty Rights plus a year of residence

[Fififi]

My PR card came in January. So the NCS guy called Home Office and they told him that my 6 years of Treaty Rights period was completed in 2012.

Why 6 years of treaty rights not 5?

I'm not married to my british partner, so it's a six years rule for me.Well to be precise 5 years of Treaty Rights plus a year of residence

Oh and that's the date they put in section 1.3 of form AN

1.3 Please say when you were given inde nite leave to enter/
remain in the UK (not necessary if you are a Commonwealth citizen with right of abode in the United Kingdom). If you are an EEA national, a Swiss national or a family member of an EEA or Swiss national you should read pages 10 to 11 of the Booklet AN.

[ohara]

How are you supposed to know the date you became free of immigration time restrictions if they don't tell you? Or did you fill in that part when you were at NCS and they phoned to ask?

[Fififi]

How are you supposed to know the date you became free of immigration time restrictions if they don't tell you? Or did you fill in that part when you were at NCS and they phoned to ask?

I left it blank, as I wasn't sure. I thought it must be 6 years of me working - and it was once he phoned Home Office.

[noajthan]

How are you supposed to know the date you became free of immigration time restrictions if they don't tell you? Or did you fill in that part when you were at NCS and they phoned to ask?

The question (Q1.3) asks about 'ILR'.

It almost goes without saying, the form is poorly-designed, confusing & clearly intended to cover a multitude of different types of applicants & circumstances.

Other members (EEA nationals) have previously explained how they leave the question blank &/or answer in the 'Further information...' section of the form.

[noajthan]

@natienka, I have moved your specific & detailed questions their own separate thread:
http://www.immigrationboards.com/eea-ro ... 02595.html

[Fififi]

My PR card came in January. So the NCS guy called Home Office and they told him that my 6 years of Treaty Rights period was completed in 2012.

Why 6 years of treaty rights not 5?

I'm not married to my british partner, so it's a six years rule for me.Well to be precise 5 years of Treaty Rights plus a year of residence

Actually, just thought about it now - why the hell it is 6 years not 5?? I think they cocked it up - it should be 2011 not 2012 in my case!

[noajthan]

Actually, just thought about it now - why the hell it is 6 years not 5?? I think they cocked it up - it should be 2011 not 2012 in my case!

An applicant needs to show PR has been acquired over a continuous 5-year period.
Then, if not married to a BC, the applicant needs to be free from immigration time restrictions (which, for an EEA national, means holding PR) for a further 12 months before shooting for citizenship.
There is no need for someone to exercise treaty rights after acquiring PR (which is automatic), ie during that final 12 months.

[Fififi]

Actually, just thought about it now - why the hell it is 6 years not 5?? I think they cocked it up - it should be 2011 not 2012 in my case!

An applicant needs to show PR has been acquired over a continuous 5-year period.
Then, if not married to a BC, the applicant needs to be free from immigration time restrictions (which, for an EEA national, means holding PR) for a further 12 months before shooting for citizenship.
There is no need for someone to exercise treaty rights after acquiring PR (which is automatic), ie during that final 12 months.

Exactly. The date held at UKVI (when I acquired PR status) should be 5 years. In my case it's 6

[Obie]

For Citizenship it is necessary to show 5 years of residence, in accordance with the regulation, such that the requirement of Schedule 2(2) of the EEA Regulation is engaged and after that, 1 year of continuous residence during which there is no requirement for treaty rights to be exercised, and during that 1 year, no more than 90 days should be spent outside the UK.

The 2015 law is so unclear that even the department themselves cannot interpret it.

It takes few complaints and pre action protocols, for them to understand the unlawful nature of their requirements and law.

A non-EEA national I assist had her 2 children's registration refused under the 2015 changes, on the basis that he does not have PR. It took a threat of legal action for them to back down.

I would have love to see these headless chickens in court. Bringing senseless laws, which they themselves cannot properly apply as it is so opaque and hard to make sense of.

[a.s.b.o]

For Citizenship it is necessary to show 5 years of residence, in accordance with the regulation, such that the requirement of Schedule 2(2) of the EEA Regulation is engaged and after that, 1 year of continuous residence during which there is no requirement for treaty rights to be exercised, and during that 1 year, no more than 90 days should be spent outside the UK

does this not exclude Irish citizens based on the Irish act and CTA regulations?

[Nomad10]

i rang last week to book appointment with NCS to submit my nationality application. They advised me not to submit until 12 months after the date on my DCPR or I risk losing my fee!! despite explaining to them that acquired PR status long time ago and I can prove it through tax records etc.

I'm just thinking on giving up on this whole thing

has any EU national applied for BC recently without waiting 12 months after receiving DCPR?

Thanks.

[ohara]

has any EU national applied for BC recently without waiting 12 months after receiving DCPR?

Yes, loads of people. I got my DCPR last month and I'm submitting my application this week. Your NCS don't have a clue what they are talking about.

If you know categorically that you have had PR status for more than 12 months, just do it anyway. It might be worth printing off the Home Office's own guidance to show the NCS advisor too.

[Nomad10]

Are you using NCS? Or applying directly?
I couldn't find any slots before March 18th, so might just send originals directly..

[ohara]

I'm using NCS, was lucky to get an appointment before the fee increase, and my council only does them on Wednesdays too!