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PR acquired but no longer w/Family member can I apply 4 BC?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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darthrage28
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Posts: 6
Joined: Thu Jul 21, 2016 4:32 pm

PR acquired but no longer w/Family member can I apply 4 BC?

Post by darthrage28 » Mon Aug 15, 2016 10:14 pm

I have just acquired my PR but I am no longer with my family member.
Section 2.4 of the AN Form state:

"Are you an EEA national or the family member of an EEA national?
Please state the number of your Permanent Residence card and the date of issue"

My question is: can I still apply for British Citizenship or should I notify the HO about my status and request to change or amend my DCPR?

Do I need my family member to apply for British Citizenship?

If I have to answer to the question from section 2.4 above the answer is no.

Can someone help me on this?

Thanks

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: PR acquired but no longer w/Family member can I apply 4

Post by noajthan » Mon Aug 15, 2016 10:31 pm

darthrage28 wrote:I have just acquired my PR but I am no longer with my family member.
Section 2.4 of the AN Form state:

"Are you an EEA national or the family member of an EEA national?
Please state the number of your Permanent Residence card and the date of issue"

My question is: can I still apply for British Citizenship or should I notify the HO about my status and request to change or amend my DCPR?

Do I need my family member to apply for British Citizenship?

If I have to answer to the question from section 2.4 above the answer is no.

Can someone help me on this?

Thanks
Presumably you are applying in own right under section 6(1) of BNA.

Its a poorly worded and designed form.
Presumably you were a family member when you obtained your confirmation of PR - that's what it says on the card isn't it?

To be ultra-accurate you could enter "Yes, at time card was issued" (or something similar).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

darthrage28
Newly Registered
Posts: 6
Joined: Thu Jul 21, 2016 4:32 pm

Re: PR acquired but no longer w/Family member can I apply 4

Post by darthrage28 » Mon Aug 15, 2016 11:29 pm

noajthan wrote:
darthrage28 wrote:I have just acquired my PR but I am no longer with my family member.

Presumably you are applying in own right under section 6(1) of BNA.

Its a poorly worded and designed form.
Presumably you were a family member when you obtained your confirmation of PR - that's what it says on the card isn't it?

To be ultra-accurate you could enter "Yes, at time card was issued" (or something similar).
Thanks noajthan for your reply :)

I will get the card by the end of the week so I will know what it says on it. But according what you wrote it shouldn't be an issue right? If I decide to get married with my new partner before applying for BC for example that shouldn't be a problem to apply and get BC?

My concern is that I automatically acquired my PR on the 12/08/2014 based on the partner I had back then. Today I am in a newly relationship and soon will get married. Reading the way the AN Form is wording section 2.4 it looks like I have to be with the Family Member which whom I acquired my PR at the time I made the application.

The real question is when someone acquired PR is he/she free from the Family member that sponsor him/her during the application to HO?

I hope that I am making myself clear (sorry I'm french speaker)

Thanks

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: PR acquired but no longer w/Family member can I apply 4

Post by noajthan » Mon Aug 15, 2016 11:46 pm

darthrage28 wrote:Thanks noajthan for your reply :)

I will get the card by the end of the week so I will know what it says on it. But according what you wrote it shouldn't be an issue right? If I decide to get married with my new partner before applying for BC for example that shouldn't be a problem to apply and get BC?

My concern is that I automatically acquired my PR on the 12/08/2014 based on the partner I had back then. Today I am in a newly relationship and soon will get married. Reading the way the AN Form is wording section 2.4 it looks like I have to be with the Family Member which whom I acquired my PR at the time I made the application.

The real question is when someone acquired PR is he/she free from the Family member that sponsor him/her during the application to HO?

I hope that I am making myself clear (sorry I'm french speaker)

Thanks
My understanding is you now have settled status as you say your confirmatory PR card is on the way.
And yes. you are free of your previous sponsor.
Your naturalisation does not depend on that person.

You are your own person and can apply for the privilege of citizenship in your own right.
You don't need any sponsor.
That is apply under section 6(1) of BNA if you have lived in UK for the past 6 years (or more).

Note your PR card simply confirms your status - it doesn't grant it.
But, if not married to a BC, you need to have been free from immigration time restrictions for 12 months before applying to naturalise.
And you need to have been physically present in UK 5 years before the date of application.

So the date you acquired PR is important.
(It won't be the date of issue of your PR card and you don't have to have held the card itself for 12 months).
You say it was in 2014 which is over a year ago so you are now good to go (assuming all other requirements have been/can be met).

Bonne chance ma brave!
All that is gold does not glitter; Not all those who wander are lost. E&OE.

darthrage28
Newly Registered
Posts: 6
Joined: Thu Jul 21, 2016 4:32 pm

Re: PR acquired but no longer w/Family member can I apply 4

Post by darthrage28 » Tue Aug 16, 2016 12:07 am

noajthan wrote:
darthrage28 wrote:Thanks noajthan for your reply :)
My understanding is you now have settled status as you say your confirmatory PR card is on the way.
And yes. you are free of your previous sponsor.
Your naturalisation does not depend on that person.

You are your own person and can apply for the privilege of citizenship in your own right.
You don't need any sponsor.
That is apply under section 6(1) of BNA if you have lived in UK for the past 6 years (or more).

Note your PR card simply confirms your status - it doesn't grant it.
But, if not married to a BC, you need to have been free from immigration time restrictions for 12 months before applying to naturalise.
And you need to have been physically present in UK 5 years before the date of application.

So the date you acquired PR is important.
(It won't be the date of issue of your PR card and you don't have to have held the card itself for 12 months).
You say it was in 2014 which is over a year ago so you are now good to go (assuming all other requirements have been/can be met).

Bonne chance ma brave!
Thanks for you (prompt reply) and you french is excellent!! :)

I am not married to a BC and I am free from immigration time restrictions.
I have been physically present in UK 5 years before I made the application. My solicitor has already confirmed that I can make the application now if i want to (I have 5 years residency + 1year).

But you did answer my main query here and I thank you for this.

Now I can go to bed and sleep peacefully thanks to you ;)

Bonne nuit noajthan ! ;)

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