Gap year after apply for British citizenship

[gapyear]

Hi,

I'm Spanish and I will have lived in the UK for 6 years very soon. I would like to apply for the British citizenship and passport as soon as I make the 6 years living here.

Also, I would like to take a gap year and travel abroad asap, so I don't know if after applying and send all the documentation I can start to travel and wait for the process to complete while I'm abroad and do the ceremony for example in some consulate.

Has anyone tried this or know if this would be possible? Or do I have to wait to complete the whole process before I can start to travel?

Thanks for your help!

[secret.simon]

Be aware that the rules changed on 12th November and that you now require a PR Card before you apply for naturalisation.

It is unclear as to whether you need to spend one year in the UK after you get a PR card or whether taht is not required, provided you can prove that you had acquired PR automatically a year before the naturalisation application.

If you exercised treaty rights as a student, did you have CSI (private health insurance) or a non-UK EHIC Card throughout the five years of exercising treaty rights?

[CR001]

As an EU citizen, you need to apply for confirmation of PR as you have to submit this document with your citizenship application.

Unless you are married to a British Citizen, you will not be able to attend the ceremony abroad, particularly if you are traveling through many countries. How would HO know where you are?

I would suggest wait for the process to be complete and then travel.

[gapyear]

Many thanks guys!

Do you know where can I find more information about the PR Card? how to apply for it etc? Or any phone number where I can get that clarified?

These are bad news as I would have to wait another year from now until I can apply.. when I was expecting to do it in March next year..

Thanks again for your quick replies!

[Casa]

Many thanks guys!

Do you know where can I find more information about the PR Card? how to apply for it etc? Or any phone number where I can get that clarified?

These are bad news as I would have to wait another year from now until I can apply.. when I was expecting to do it in March next year..

Thanks again for your quick replies!

https://www.gov.uk/apply-for-a-uk-resid ... dence-card

https://www.freemovement.org.uk/eu-nati ... lications/

https://www.gov.uk/becoming-a-british-c ... -can-apply

"been granted indefinite leave to stay in the UK (this means there’s no specific date that you have to leave) or permanent residence if you’re an EEA national (and you have a permanent residence card or document that shows you have permanent residence)"

[gapyear]

But I have indefinite leave to stay in the UK as I´m a EU citizen (Spain) right? I don´t need any kind of document apart from my passport or ID to be in the UK. So my understanding was that after 5 years I automatically acquire the "PR" and then I have to wait 1 year more in order to apply.

I understand this is a new rule, but, has anyone went through this process? Has anyone applied after the 12th of November and has some feedback?

As I´m understanding it now I would have to apply now for the PR (let´s say 1 month) then wait up to 6 months to get it and then wait 1 year to apply,then apply for naturalisation, 6 months until that´s resolved plus 1 month more for the ceremony and the extra time to do the passport (another month?). Total of 2 years and 5 months from now

Any other advise will be welcome, I think this is very new and I can´t find any other information in the forum.

Thanks again!

[Casa]

You haven't commented on the links I posted for you, or whether you found them helpful but I hope you did. Have you taken the time to read through the links on the very informative Freedom of Movement blog?
You say that you can find no further information on the forum regarding the requirement of a PR card. In which case you may have missed this lengthy thread started by our moderator Obie.

http://www.immigrationboards.com/eea-ro ... 97020.html

[gapyear]

Hi Casa, yes I did! Thanks.

But I still in shock... that´s why I would like to make sure I understood it properly, and if possible to know if somebody already started this process as it´s very new.

They also say this in the freedomofmovement post to provided:

"As an aside, if you read the full piece (you should) I am not sure that I would any longer agree that it is a good idea to complete the form. There is an explicit instruction reminding Home Office caseworkers that the form is not necessary and its length, complexity and the degree to which it seeks information to which the Home Office is not entitled all militate against its use."

Plus I couldn´t find any other post in the blog or in this forum related to this matter.

Regards.

[noajthan]

But I have indefinite leave to stay in the UK as I´m a EU citizen (Spain) right? I don´t need any kind of document apart from my passport or ID to be in the UK. So my understanding was that after 5 years I automatically acquire the "PR" and then I have to wait 1 year more in order to apply.

I understand this is a new rule, but, has anyone went through this process? Has anyone applied after the 12th of November and has some feedback?

As I´m understanding it now I would have to apply now for the PR (let´s say 1 month) then wait up to 6 months to get it and then wait 1 year to apply,then apply for naturalisation, 6 months until that´s resolved plus 1 month more for the ceremony and the extra time to do the passport (another month?). Total of 2 years and 5 months from now

Any other advise will be welcome, I think this is very new and I can´t find any other information in the forum.

Thanks again!

Your ballpark timings bring to light very well the lack of 'joined up thinking' associated with this unilateral HO change.
For example it's not at all clear if it applies to minors seeking registration as a citizen.

Of more concern to you is the absence of any transitional arrangement for decent, hardworking Europeans who have recently acquired PR automatically and who now seek the privilege of citizenship.

The impact of the rule change (snuck in in November in a classic 'Sir Humphrey' type of manouvere) is amplified by the coming UK referendum.

A similar anguished case in this thread includes a link to latest from the ever cogent Freedom of Movement blog):
http://www.immigrationboards.com/eea-ro ... l#p1282657
It is revealing that the legal analysis argues the correct approach should be by a primary legislation change (with full rigour of parliamentary process & debate).

Here's a recent case where someone was told by NCS (after the November rule change) not to even attempt to apply as they had no 'PR card':
http://www.immigrationboards.com/britis ... s#p1274033

[Casa]

The writer isn't suggesting that you shouldn't submit an application for a PR card (as this is mandatory if you want BC). He is suggesting that you are not required to complete all pages of the 80 page form.
The National Checking Service (NCS) are now refusing to accept applications without formal confirmation of permanent residence, i.e a PR card or certificate (as applicable).

[ohara]

I'm an EEA citizen looking to naturalise ASAP. The "document confirming permanent residence" thing was new to me too. I applied for this pretty much immediately (application received 10th December). Now I face a potential wait of 6 months.

As stated in other posts and the freedom of movement site, this document merely confirms that you have PR, which if you've been exercising treaty rights for 5 years, you will. I know I have had PR for at least 2 years, double the amount of time required before you are eligible to naturalise. So as soon as the document arrives I am going to submit my AN form.

The whole charade seems like some kind of money making exercise for the government, as it's another £65 expense and gains you nothing. It does however take some of the workload off the people who process the AN forms I guess, as originally I believed you needed to send all of the evidence as part as the AN form. So in essence they have forked this part off to another team.

The EEA(PR) form itself says that you do not need to use it to apply for your PR document. It is over 80 pages long and is a multi-use form for many different situations. Some forum members have advised and pointed to the EEA legislation which says all you legally need to submit to acquire the PR document is your passport, proof of residency, proof of exercising treaty rights, and absences from the UK during that period. Knowing the Home Office, if you choose to apply in this way, they'll take their sweet time about it just to spite you for not using their fancy form. The legislation says that the document must be provided "as soon as possible" upon the receipt of an application.

[gapyear]

Hi noajthan,

Thanks for your quick reply. I went through those links and the links in there and it seems quite clear now that the timings I wondered would be the right ones... so very sad news. They are obviously trying to make it harder or EU citizens to become British as this new requirement hasn't got any sense apart from delaying the applications and make them harder and more expensive.

Thanks Case, I understand now what the writer wanted to say.

Ohara, read a bit more about that, it seems the common understanding you have to wait another 12 months once you get the PR. Read the links noajthan posted as it's quite clearly explained there.

[noajthan]

Hi noajthan,

Thanks for your quick reply. I went through those links and the links in there and it seems quite clear now that the timings I wondered would be the right ones... so very sad news. They are obviously trying to make it harder or EU citizens to become British as this new requirement hasn't got any sense apart from delaying the applications and make them harder and more expensive.

Thanks Case, I understand now what the writer wanted to say.

Ohara, read a bit more about that, it seems the common understanding you have to wait another 12 months once you get the PR. Read the links noajthan posted as it's quite clearly explained there.

The links only show examples of how it is now - not what is 'right' or how it should be.

This situation needs someone who is affected to mount a legal challenge or start a campaign via their MP or else persuade a campaign group to take up the cause;
obviously that takes resources, time & energy that not everyone will have.

[ohara]

it seems the common understanding you have to wait another 12 months once you get the PR. Read the links noajthan posted as it's quite clearly explained there.

On the contrary. HO have not confirmed what the case is. The requirements for applying for naturalisation state that you must have held permanent residence for 12 months or more. The document certifying PR is just that - it confirms you have PR; it does not grant it or change the date you obtained it.

I have not yet seen any literature which states you should wait 12 months after receiving the proof of PR before apply for naturalisation. From what I have seen, nobody on this forum has actually got one of these documents yet, so I don't know if it confirms the date on which you gained PR or not.

Regardless, I know for a fact that I've been exercising treaty rights continuously for at least 7 years. I'm going to apply immediately once I get my PR document and if my application fails, they have some serious explaining to do because as far as their guidance is concerned, I meet the requirements.

[gapyear]

That makes a lot of sense Ohara, and I would love to hear you have succeeded!

Do you have some thread where you comment on the progress of your application as I will be really interested in learning from your experience.

[ohara]

Hi, no thread yet as there isn't really any progress. It could be 6 months before I get my PR document. I'm going to request my documents back from HO at the beginning of January as I need to renew my passport before applying for naturalisation. I've got a simple timeline in my signature

[gapyear]

I ringed to UKVI today to ask about this and they maintain that after getting the PR it's needed to wait another year before apply for naturalisation. I explained the same argument you are making but they insisted after double check off the phone it's one year waiting... I think you are right but it seems they are not going to cooperate! Have to talked to them about this?

[ohara]

No I haven't yet. Perhaps you should quote their own guidance to them