Naturalization after PR - Shocking Revelations from NCS

[Nimitta]

Under community law, your friend acquire PR automatically without necessarily needing the PR sticker endorsed on his passport.

When it comes to Naturalisation, this is outside the EU jurisdiction, and the memberstates are free to set the criteria that applicants are expected to meet in order to qualify.

Just yesterday my friends told me they are not sure if they really need PR in order to apply for BC. So, I read everything I could. One point remains unclear. It is true that EU country can come up with whatever Naturalization rules it feels like, and if the rule was that a EU has to be a holder of that PR sticker for 12 consecutive months prior to applying for BC, that would be fine. But it does not really say anything about stickers. At least I could not find it. Moreover, it uses the same term "permanent residence status" for both purposes - to explain naturalization requirements for EU citizens (domestic law) and acquisition of permanent residence status by EU citizens (EU law). The permanent residence status is acquired by the Principle of Direct Effect. Unless the same term "permanent residence status" changes its meaning over a short paragraph, I do not really understand how PR sticker can be a requirements, under either domestic or community law. Or am I wrong?

Like here:


http://www.ukba.homeoffice.gov.uk/briti ... uirements/

If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.

[imraniqbal2010]

Hi All members, it's a very interresting topic here and I would like to share my experience with you.

I had the same experience as Londoner's friend.
I had and appointmeent with the NCS, single application based on 5 years + 1 with a PR, spouse of and EEA national.(automatic PR status from 11/2007), please diregard the gap, it's along stroy.
My PR isued on 24/02/2010 and applyed for BC 13/04/10. The nice gentlement, after he called UKBA, told me that I do not qualify to apply untill 24/02/11, I showed him the famous page No 5 of the AN guide and I asked him to call again and speak to a senior member to clarify the situation, so he did, so later he asked me provide my spouse's P60's to cover 6 years work in the UK , the Mariage cetificate, and spouse's passport that I had with me at that time.
As he said this part of EU law mixed with the British Law for naturalisation is bit grey, so to avoid any chance for beeing refused I should provide as many document as possibe, because people at the HO who deal with the Naturalisation can be like the fisrt persone he spoke to the phone.

PS: The gentlement told me that it is the first time he had an application like mine, and to be honest it didn't border me as I predicted to face this sort of situation.

I got one confusion here,what if EEA national has attained PR after 5 years why still need to show that treaty rights have been exercised for 6 years.

[vinny]

Exercising treaty rights for 5 years is a prerequisite to acquiring PR. Holding PR for 1 year is a prerequisite for satisfying the standard requirements for British citizenship.

[Jambo]

I got one confusion here,what if EEA national has attained PR after 5 years why still need to show that treaty rights have been exercised for 6 years.

In both cases (with a PR confirmation or without), you only need to show exercising treaty rights for 5 years (years 0-5) and residence for five years (year 1-6).

[imraniqbal2010]

I got one confusion here,what if EEA national has attained PR after 5 years why still need to show that treaty rights have been exercised for 6 years.

In both cases (with a PR confirmation or without), you only need to show exercising treaty rights for 5 years (years 0-5) and residence for five years (year 1-6).

You did not get me.I read before in this forum somewhere that if eea national has attatined PR then when applying for non eea PR then they dont need to show the treaty rights only the proof that eea member is residing in the uk

[Jambo]

You did not get me.I read before in this forum somewhere that if eea national has attatined PR then when applying for non eea PR then they dont need to show the treaty rights only the proof that eea member is residing in the uk

This is true. If you have a confirmation of PR status, there is no need to show the 5 years of exercising treaty rights, just the confirmation.

This was not the case here as -
a) The EEA national did not have a PR confirmation.
b) The non-EEA national did not want to wait 12 months from the issue of the PR confirmation so he had to prove it again when applying for naturalisation (i.e 5 years + 1 years).

[naija99]

Jambo, please can you clarify this for me as most of these posts relate to a spouse of an EEA national sponsor.
What is the position of the daughter of an EEA national.
Who was granted RC 05/06/06 until 05/06/11, but the EEA National obtained British Citizenship in 2010. The application for PR was made in April 2011 but refused on the basis that the the non EEA daughter could not provide her EEA sponsor's passport.

Is there any way for the non EEA daughter to obtain PR. She has been a student in the UK and not been working and therefore doesnt have any P60's.

The EEA national sponsor father who is now a British Citizen was incapacitated and thus does not have documents illustrating treaty rights.

Can the non EEA daughter make a fresh application relying on her EEA national uncle who is now supporting her in the UK?

[Jambo]

Jambo, please can you clarify this for me as most of these posts relate to a spouse of an EEA national sponsor.
What is the position of the daughter of an EEA national.
Who was granted RC 05/06/06 until 05/06/11, but the EEA National obtained British Citizenship in 2010. The application for PR was made in April 2011 but refused on the basis that the the non EEA daughter could not provide her EEA sponsor's passport.

Is there any way for the non EEA daughter to obtain PR. She has been a student in the UK and not been working and therefore doesnt have any P60's.

The EEA national sponsor father who is now a British Citizen was incapacitated and thus does not have documents illustrating treaty rights.

Can the non EEA daughter make a fresh application relying on her EEA national uncle who is now supporting her in the UK?

It is better to open a new thread if the question is new.

Lets start from the beginning. Most posts relate to spouse as this is a more common case but this is applicable to other family members as well.

Why couldn't she provide her father's EEA passport?

It doesn't matter what she does in the UK as it's the EEA national activities that matter. How was her father been able to obtain BC? Surely, he was granted PR before that.

[naija99]

Also Jambo,

What is not quite clear is what is the position of a non EEA daughter who does not have the PR status endorsed in her passport because the EEA national father refused to co-operate.

Can she apply for British Citizenship in her own right. She is not able to provide any documents of her EEA national father (even for the initial 5 years) as he is not willing to co-operate.

Can she apply in her own right. She satisfies the residency requirements and she has been working throughout the initial 5 years.

[naija99]

Her father was a Dutch national and the Dutch authorities do not allow for dual nationality. Her father obtained PR and then BC without waiting to allow her to get her PR first