Register (NOT naturalise) as a British citizen

[cashycash]

Hi there, I'm both a British National (Overseas) and a Portugal national/citizen who is currently residing in the UK "without restrictions" because of my Portuguese(EU) nationality. (I'm not sure what the correct term is as I don't think both BN(O) passport holders and EU nationals don't have the right of abode in the UK.)

I have been living here for more than five years and I'm planning to become a British citizen. I suppose there are two ways of doing it. I can EITHER apply for PR and wait for a year then apply to naturalise OR, fill out the BOT(A) form which is designed for other British nationals/subjects to register as British citizen.

I went for the latter as I just think I'm eligible and it might save me a lot of hassle and money. At the end of the application, there is a checklist of things I will need to provide as evidence. In section 3, I'm asked to provide "evidence of freedom from immigration time restrictions. They accept EITHER a passport showing permission to remain permanently in the UK OR a letter issued by the Home Office state the person was given permission to remain permanently in the UK OR any evidence of being freely landed.

So I have two questions:

1) Am I actually eligible to register as British citizen through using BOT(A)? If yes, will being a uni student affect the application in any way?

3) Can I simply attach my Portuguese Passport/ID to my application as evidence of freedom from immigration time restrictions? Or do I need to apply for a BRP to register my identity as an EU national? Or do I need something else?

Any help will be greatly appreciated! Thank you!

[secret.simon]

Portugal national/citizen who is currently residing in the UK "without restrictions" because of my Portuguese(EU) nationality.

An EU citizen must meet the requirements specified in EU Directive 2004/38/EC in order to be resident in another EEA state of which s/he is not a citizen. Therefore, they are not "without restrictions" with regards to residence in the UK (or any other EU member state for that matter).

As an EEA citizen university student, Directive 2004/38/EC requires you to have either CSI (private health insurance) or a non-UK EHIC card for the entire period to be considered as "resident" in the UK. If you do not have either of them, this time in the UK will not count for the purpose of acquiring PR under EU law.

You will only acquire the status of "being free from immigration restrictions" under UK law when you acquire PR under EU law.

Registration under Form B(OTA) also requires a year "free from immigration restrictions", which means that whether you plan to apply for naturalisation or registration, you will need to wait for a year after the acquisition of PR before applying for either one of the two options.

Naturalisation requires you to submit a DCPR as proof of having been "free of immigration restrictions" for a year. I am not sure if Form B(OTA) requires you to submit a DCPR or if it allows you to submit alternate proof of having acquired PR.

[cashycash]

Portugal national/citizen who is currently residing in the UK "without restrictions" because of my Portuguese(EU) nationality.

An EU citizen must meet the requirements specified in EU Directive 2004/38/EC in order to be resident in another EEA state of which s/he is not a citizen. Therefore, they are not "without restrictions" with regards to residence in the UK (or any other EU member state for that matter).

As an EEA citizen university student, Directive 2004/38/EC requires you to have either CSI (private health insurance) or a non-UK EHIC card for the entire period to be considered as "resident" in the UK. If you do not have either of them, this time in the UK will not count for the purpose of acquiring PR under EU law.

You will only acquire the status of "being free from immigration restrictions" under UK law when you acquire PR under EU law.

Registration under Form B(OTA) also requires a year "free from immigration restrictions", which means that whether you plan to apply for naturalisation or registration, you will need to wait for a year after the acquisition of PR before applying for either one of the two options.

Naturalisation requires you to submit a DCPR as proof of having been "free of immigration restrictions" for a year. I am not sure if Form B(OTA) requires you to submit a DCPR or if it allows you to submit alternate proof of having acquired PR.

Thank you Simon!

[JAJ]

Registration under Form B(OTA)[/url] also requires a year "free from immigration restrictions", which means that whether you plan to apply for naturalisation or registration, you will need to wait for a year after the acquisition of PR before applying for either one of the two options.

The only time a British national should consider naturalisation instead of section 4(2) registration is if that person is the spouse or civil partner of a British citizen (due to the 3 year residence requirement- at least in some cases). Otherwise form B(OTA) is simpler- no English test/Life in UK test, no future intentions requirement, and (usually) faster processing at the Home Office.

Naturalisation requires you to submit a DCPR as proof of having been "free of immigration restrictions" for a year. I am not sure if Form B(OTA) requires you to submit a DCPR or if it allows you to submit alternate proof of having acquired PR.

The Nationality Instructions say a DCPR is required. Page 11:
https://www.gov.uk/government/uploads/s ... s-v1.0.pdf

However- this may not be legal. Registration under section 4(2) is an entitlement under the law and it may not be legal to demand a particular form of evidence of PR under the EEA regulations. Naturalisation is different- as it's discretionary- the DCPR requirement can be imposed under policy.

The number of people who apply under section 4(2) based on residing in the U.K. under EEA/Swiss provisions is likely minimal. The Home Office may never have had this issue pointed out to them. It would be up to the individual to decide how far to test this. Obtaining a DCPR would obviously simplify the application, avoid needing to ask for review of an initial decision, and reduce the risk of losing the application fee (if the Home Office are right). On the other hand, it may take additional time to obtain the DCPR.

[cashycash]

Registration under Form B(OTA)[/url] also requires a year "free from immigration restrictions", which means that whether you plan to apply for naturalisation or registration, you will need to wait for a year after the acquisition of PR before applying for either one of the two options.

The only time a British national should consider naturalisation instead of section 4(2) registration is if that person is the spouse or civil partner of a British citizen (due to the 3 year residence requirement- at least in some cases). Otherwise form B(OTA) is simpler- no English test/Life in UK test, no future intentions requirement, and (usually) faster processing at the Home Office.

Naturalisation requires you to submit a DCPR as proof of having been "free of immigration restrictions" for a year. I am not sure if Form B(OTA) requires you to submit a DCPR or if it allows you to submit alternate proof of having acquired PR.

The Nationality Instructions say a DCPR is required. Page 11:
https://www.gov.uk/government/uploads/s ... s-v1.0.pdf

However- this may not be legal. Registration under section 4(2) is an entitlement under the law and it may not be legal to demand a particular form of evidence of PR under the EEA regulations. Naturalisation is different- as it's discretionary- the DCPR requirement can be imposed under policy.

The number of people who apply under section 4(2) based on residing in the U.K. under EEA/Swiss provisions is likely minimal. The Home Office may never have had this issue pointed out to them. It would be up to the individual to decide how far to test this. Obtaining a DCPR would obviously simplify the application, avoid needing to ask for review of an initial decision, and reduce the risk of losing the application fee (if the Home Office are right). On the other hand, it may take additional time to obtain the DCPR.

Thank you for your reply JAJ! I think I'm going to get my DCPR first then register to become a citizen using the b(OTA) form. Better safe than sorry I guess.