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Permanent Residence status and AN form.

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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plat1n
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Joined: Tue Apr 25, 2017 11:46 pm

Permanent Residence status and AN form.

Post by plat1n » Thu Apr 27, 2017 8:17 pm

Will Home Office reassess my resident status when I will provide full evidence documenting 5 years plus extra 12 months with AN (British naturalization) form?

I've made mistake applying for PR card and sent bank statements from last 5 years only.HO sent me PR card with a letter which says that I'm PR from Jan 2017 so I need wait until Jan 2018 to send AN form I'm EU citizen). I was continuously in full time employment in the UK for over last 6 years and have full statement history and P60s from 2011 to 2017 so I've technically meet naturalization criteria.
Their letter states "If you believe that you acquired permanent resident before this date, and that you are eligible to apply for British citizenship sooner, you must provide additional evidence for the relevant period when you make your application for citizenship."
Also HO website https://www.gov.uk/eea-registration-cer ... -residence states: "You automatically have permanent residence status (sometimes called the ‘permanent right to reside’) if you’ve lived in the UK for 5 years as a ‘qualified person’.".

salmintin
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Joined: Sun Feb 28, 2016 5:58 pm

Re: Permanent Residence status and AN form.

Post by salmintin » Thu Apr 27, 2017 8:48 pm

You may have acquired the right of permanent residence before 01/2017, but obviously you need to demonstrate it, which you haven't.

If I were you I would "reapply" for a PR, giving them documents covering an earlier period and writing a cover letter that explains the situation. Other members may have seen cases like yours, but I would go for the extra safe option. Especially now that it doesn't take as long as it used to take.

If they don't outright refuse you, it will probably delay your application so you'll end up waiting anyway. :roll:

plat1n
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Joined: Tue Apr 25, 2017 11:46 pm

Re: Permanent Residence status and AN form.

Post by plat1n » Thu Apr 27, 2017 11:09 pm

Hm, reapply, do you mean to complete application again including £65, pictures and attach cover letter explaining why I re-apply?

I've already sent letter to Home Office to ask if they can backdate the date my resident date if I provide extra evidence, hoverer they replied:
"Unfortunately, we are only able to consider your application once based on the evidence you originally sent in and we are unable to reconsider the date at which you achieved your right to permanent residence once we have issued your document."
Btw. Permanent resident card was the last this I needed for AN form, so I followed the PR application guide which says they need 5 years or evidence (it was already about 1kg or more of papers). I've used passport return service provided by council where person checked my evidence before sending, everything was ok (I mentioned that I need PR card to apply for naturalisation). I didn't want to send everything I had just in case if something will get lost :?. Now I found that AN booklet page 9 explain how to apply for PR when you want attach it to AN form, it should be in PR guide also, heh.

Is 5 years + 12 months requirements applying only to EU citizens, is this some EU law?

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alterhase58
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Re: Permanent Residence status and AN form.

Post by alterhase58 » Fri Apr 28, 2017 12:12 pm

Naturalisation comes under UK law, not EU, and is not a re-run of PR application.
As you have a PR document now I personally would wait til Jan 2018 to apply. Dealing with the Home Office is difficult as you know and outcomes are never guaranteed... If you are worried about exit there is plenty of time, and also Nationality law has to be changed by Parliament which takes a long time, and there are no indications of any law changes in that respect.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

plat1n
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Posts: 8
Joined: Tue Apr 25, 2017 11:46 pm

Re: Permanent Residence status and AN form.

Post by plat1n » Fri Apr 28, 2017 4:26 pm

I don't worry about Brexit. I've already meet all requirements, invested time and money into this application, causes a lot off stress and I just don't want to wait another year.

plat1n
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Posts: 8
Joined: Tue Apr 25, 2017 11:46 pm

Re: Permanent Residence status and AN form.

Post by plat1n » Fri May 05, 2017 10:57 pm

I used NCS and lady has called HO to check with them if I can send my application. Unfortunately HO guy checked my record and because of date recorded when I applied for DCPR (PR status on 01/2017), despite presenting all papers P60, bank statements, payslips showing that I was staying and working in the UK for continuous period if last 6 years, they did not want my application and told that I need to wait until 01/2018. HO told me that can't back date anything as they don't reopen cases like this, but I can re-apply, it may take up to 6 months now to receive a new card and letter. So I'm going to re-apply for DCPR and send all evidence form last 6,5 years now. I will not have any problems if there was only one P60 from 2011 attached in my previous EE(PR) application :/

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