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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?333 wrote:Now to apply for Citizenship i need to be on the PR for a year
Does my year start from Aug07 or Feb 08?
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 02/09333 wrote: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, 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 wrote: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?333 wrote:Now to apply for Citizenship i need to be on the PR for a year
Does my year start from Aug07 or Feb 08?
Tom
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.thirdwave wrote: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.
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..thsths wrote: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.thirdwave wrote: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.
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
Having read through the residence requirements for naturalisation, I think you might be able to apply 11/2008333 wrote: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