EEA national with PR application for British citizenship

[akz]

Hi every one

I got PR on 15/06/2016 in EEA family member route, I want to apply for british passport. I got Master degree in 2006 from UK and got my HSMP in 2007.

Am I able to apply for BP without waiting one year after getting my PR on EEA route?

I think i dont need english language test? my MSc degree was taught in english from uk university.

On good character issue, in 2006 oct - jan 2007 i was on student status but i completed my msc degree and was applying for my HSMP application. during oct 2006- jan 2007 i worked more than 20/week. because of that work from oct 2006 - jan 2007 my 10 years good character from oct 2006 - oct 2016, seems problematic. is it good that I apply for British passport in fab 2017 as from fab 2007 i was on HSMP and was allowed to work with no restriction?

i have booked my life in UK test 24/09/2016.

regards
akz

[secret.simon]

You can apply for British citizenship one year after you acquired PR. HSMP has nothing to do with applying for British citizenship. That was a work visa, just like a Tier 1 visa that followed.

Apply for an SAR with the Home Office to find out when you acquired PR according to its records.

[Richard W]

Am I able to apply for BP without waiting one year after getting my PR on EEA route?

It's highly unlikely that you achieved PR on 15/6/16. It's probable that you already had PR by the last date for which you supplied evidence of your wife working. The date at which the courts decided you had already achieved PR is not relevant.

There is, however, a risk that the date recorded by the Home Office will be the date when the Home Office accepted that they would have to grant you a PRC, which is why requesting a SAR makes sense. (I think an SAR currently costs about £20 plus hassle - about half the cost and most of the hassle is the need is for certified evidence of identity.) It's unlikely to be worth fighting the Home Office over the date. You will have to wait until a year after the official date you achieved PR and then apply for British citizenship. You may be able to apply for citizenship and a passport at the same time, but otherwise you will have to wait for citizenship before applying for a passport.

[akz]

Am I able to apply for BP without waiting one year after getting my PR on EEA route?

It's highly unlikely that you achieved PR on 15/6/16. It's probable that you already had PR by the last date for which you supplied evidence of your wife working. The date at which the courts decided you had already achieved PR is not relevant.

There is, however, a risk that the date recorded by the Home Office will be the date when the Home Office accepted that they would have to grant you a PRC, which is why requesting a SAR makes sense. (I think an SAR currently costs about £20 plus hassle - about half the cost and most of the hassle is the need is for certified evidence of identity.) It's unlikely to be worth fighting the Home Office over the date. You will have to wait until a year after the official date you achieved PR and then apply for British citizenship. You may be able to apply for citizenship and a passport at the same time, but otherwise you will have to wait for citizenship before applying for a passport.

Thanks

Me and my wife apply for PR on 08/01/2015 for the period 2010 -2014, in may 2015 we were refused but we win our case in tribunal in jan 2016 and got PR in Sep 2016.

I think as we win our case for the period of 2010 - 2014, we already got PR status from Jan 2015 if i am right?

That's why me and my wife can apply for Naturalization in oct 2016, I have pass my life in uk test and got my MSC degree from university of london in 2006.

My wife is going for English test on 23/9/2015, but she can easily pass the test. she already passed the life in uk test.

regards
akz

[Richard W]

I think as we win our case for the period of 2010 - 2014, we already got PR status from Jan 2015 if i am right?

I expect that that is so. However, if you submitted any evidence for a later period, they may have used that instead of earlier evidence, which would make the conceded date of acquisition later.

[akz]

I think as we win our case for the period of 2010 - 2014, we already got PR status from Jan 2015 if i am right?

I expect that that is so. However, if you submitted any evidence for a later period, they may have used that instead of earlier evidence, which would make the conceded date of acquisition later.

Thanks

I am thinking to apply for SAR to find out the actual PR acquired date , but the new SAR form related documents must be signed from Solicitor and are they charging money for it, also one person in this forum have already submitted the form correctly but they did not give him the information.

If I apply for BC and don't know the actual date of acquiring my PR then i will loose £1236. But if wait for next year i aspecting the fees will be high almost £2000 and the procedure will more tough and hard.

Regards
akz

[noajthan]

I think as we win our case for the period of 2010 - 2014, we already got PR status from Jan 2015 if i am right?

I expect that that is so. However, if you submitted any evidence for a later period, they may have used that instead of earlier evidence, which would make the conceded date of acquisition later.

Thanks

I am thinking to apply for SAR to find out the actual PR acquired date , but the new SAR form related documents must be signed from Solicitor and are they charging money for it, also one person in this forum have already submitted the form correctly but they did not give him the information.

If I apply for BC and don't know the actual date of acquiring my PR then i will loose £1236. But if wait for next year i aspecting the fees will be high almost £2000 and the procedure will more tough and hard.

Regards
akz

Some members have received an answer in a SAR. It depends how you ask.

Apply via NCS and NCS official can use NCS::HO hotline to check your record at HO.
That way you risk only the NCS fee and not the full monty.

[akz]

Some members have received an answer in a SAR. It depends how you ask.

Apply via NCS and NCS official can use NCS::HO hotline to check your record at HO.
That way you risk only the NCS fee and not the full monty.

Thanks noajthan,

I will do it through NCS, really helpfull answer, appreciated.

Kind regards
akz

[akz]

Hi

As i have worked some extra hours during 2006 (Oct, Nov) when i was student, but got HSMP from, Fab 2007, so if i apply now (oct 2016) for naturalization, my application will be refused as i have breach the immigration rule.(following rule)

"9.7 Evasion of immigration controlThe decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:

a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission "."


But if I apply in Fab 2017, then what i understand based on the above mentioned rule, Home office will check my past 10 years from 2017 to 2007 in which i was allowed to work, should i will fine or they will ban me for naturalization for 10 years further.


regards
akz

[akz]

"But if I apply in Fab 2017, then what i understand based on the above mentioned rule, Home office will check my past 10 years from 2017 to 2007 in which i was allowed to work, should i will fine or they will ban me for naturalization for 10 years further.
"



any one can answer please

[akz]

"But if I apply in Fab 2017, then what i understand based on the above mentioned rule, Home office will check my past 10 years from 2017 to 2007 in which i was allowed to work, should i will fine or they will ban me for naturalization for 10 years further.
"



any one can answer please

Hi i have paid a consultation fees to a lawyer and got the answer which is following:

"The current “good character” guidance for citizenship applications states that applications should normally be refused where a person “has been detected working in breach of immigration law” in the 10 years prior to their application.

Although I am not aware of any recent refusals based on a search of HMRC records, I think it would be prudent to wait until you know that you can rely on 10 years of employment that is within the immigration rules. If you apply in July 2017 and you know that you have worked in line with the conditions of your leave during the period July 2007 – July 2017 then you should meet the policy requirements.

The application form will ask about your last 10 years of employment, and you need to set out the jobs you have had in that time."


It may help others as well if they are in same situation like me.


Thanks
akz