when to count from

[333]

Hiya
Had a search round the forum as i am sure this question has been asked a number of times before but could not find anything. So apologies ..
My Q,
I had a 5yr spousal visa wich expired in Aug 07, applied for my permanant residence (PR) which i receivd stamped as Feb 08
Now to apply for Citizenship i need to be on the PR for a year
Does my year start from Aug07 or Feb 08 ?

Thanks

[thsths]

Now to apply for Citizenship i need to be on the PR for a year
Does my year start from Aug07 or Feb 08?

It starts counting when you became eligible for PR, which would be 5 years after you started being in the UK under EU law. I guess that must be nearly a year ago?

Tom

[333]

Thanks Tom
I had a feeling it would be Aug07

[thirdwave]

Hiya
Had a search round the forum as i am sure this question has been asked a number of times before but could not find anything. So apologies ..
My Q,
I had a 5yr spousal visa wich expired in Aug 07, applied for my permanant residence (PR) which i receivd stamped as Feb 08
Now to apply for Citizenship i need to be on the PR for a year
Does my year start from Aug07 or Feb 08 ?

Thanks

In order to apply for naturalisation you got to have held ILR for a year prior to application. So my feeling is that you'd have to wait until 02/09

[thirdwave]

Now to apply for Citizenship i need to be on the PR for a year
Does my year start from Aug07 or Feb 08?

It starts counting when you became eligible for PR, which would be 5 years after you starting being in the UK under EU law. I guess that must be nearly a year ago?

Tom

Thsths, Although the OP 'qualified' for PR in 08/2007, I thought the 5 year PR without endorsement on the passport only applied to EU nationals and not their non EU spouses. As the OP is a non EU national, would his period of PR start only after he was actually granted it?

[thsths]

Although the OP 'qualified' for PR in 08/2007, I thought the 5 year PR without endorsement on the passport only applied to EU nationals and not their non EU spouses.

The Directive 2004/38 is pretty clear in this. After 5 years of residence, both EEA nationals and their family members *have* the right of permanent residence. Only the situation of extended family members could be different, as the law is a bit vague.

But to be honest, I do not know whether the Home Office has implemented this correctly, or whether they still apply their own version of law. At least on the legal side things should be fine, because the condition is "free of immigration restrictions", and that would be satisfied with permanent residence. There could still be issues hiding in the casework instructions, though.

Tom

[thirdwave]

Although the OP 'qualified' for PR in 08/2007, I thought the 5 year PR without endorsement on the passport only applied to EU nationals and not their non EU spouses.

The Directive 2004/38 is pretty clear in this. After 5 years of residence, both EEA nationals and their family members *have* the right of permanent residence. Only the situation of extended family members could be different, as the law is a bit vague.

But to be honest, I do not know whether the Home Office has implemented this correctly, or whether they still apply their own version of law. At least on the legal side things should be fine, because the condition is "free of immigration restrictions", and that would be satisfied with permanent residence. There could still be issues hiding in the casework instructions, though.

Tom

Isn`t 'qualifying' for something dfferent from actually having it? Experience has taught me that the caseworkers at the Nationality Directorate don`t have a clue about what they are dealing with half the time and the intricacies of the Directive 2004/38 EC would be beyond the understanding of most of them..

Although Dir 2004/38 EC covers the rights of family members of EU nationals for free movement within the EU, I would not have thought it relates to Nationality legislation, which the HO can apply as they choose.

What I am saying is that you might be technically correct but it doesn`t always work in practice (just as most non EU spouses of EU nationals are forced to obtain visas to visit Schengen countries despite the 2004/38 EC Directive)

If you do decide to apply at this point, I would recommend ringing the Nationality helpline on 0845 010 5200 and reading through the casework instructions before applyng.If you don`t do your research, you risk losing your application fee as there isno formal right to appeal..

[thirdwave]

Hiya
Had a search round the forum as i am sure this question has been asked a number of times before but could not find anything. So apologies ..
My Q,
I had a 5yr spousal visa wich expired in Aug 07, applied for my permanant residence (PR) which i receivd stamped as Feb 08
Now to apply for Citizenship i need to be on the PR for a year
Does my year start from Aug07 or Feb 08 ?

Thanks

Having read through the residence requirements for naturalisation, I think you might be able to apply 11/2008

This is from the BIA website..


Discretion to disregard immigration time restrictions during the last 12 months
Naturalisation

This page explains how we can use our discretion to disregard immigration time restrictions during the last 12 months of the residential qualifying period when considering applications for naturalisation as a British citizen.

You must be free from immigration time restrictions on the day you make your application for naturalisation as a British citizen. Unless you are married to a British citizen you should also have been free from immigration time restrictions for at least 12 months before you make your application. If you have not been free from time restrictions for 12 months, we will normally use our discretion to disregard this if:

you had been free from immigration time restrictions for at least 12 months by the time we consider your application;
or
we had placed a time limit on your stay when we should not have done when you returned to the United Kingdom after a visit abroad;
or
the time restriction was in place for less than 10 days at the beginning of the 12 month period;
or
the time restriction was in place for between 10 and 90 days at the beginning of the 12 month period and all other requirements including the residence requirement are met; and


you can show you have established links to the United Kingdom though your home, family and larger part of your estate;

the time restriction was in place for more than 90 days at the beginning of the 12 month period and all other requirements including the residence requirement are met; and


you can show you have established links to the United Kingdom though your home, family and larger part of your estate; and
there are compelling business or compassionate reasons to approve your application; or

the time restriction was in place for more than 10 days at the beginning of the 12 month period and you do not meet all the other requirements for naturalisation you must show:


you have established links to the United Kingdom though your home, family and larger part of your estate; and
there are compelling business or compassionate reasons to approve your application;

or

you made a successful application for indefinite leave to remain more than 15 months before your naturalisation application but the decision on your application was delayed due to something that was not your fault;

or
you had an application for asylum or leave to remain refused but later approved as the initial decision was incorrect. This initial mistake resulted in a delay in you being able to apply for indefinite leave to remain;
or
you are a national of the European Economic Area or Switzerland and were unaware of this requirement.


http://www.bia.homeoffice.gov.uk/britis ... trictions/