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Recently I sent my PR application for the period 2010-2015, which will hopefully be accepted now since the lack of WRS between 2009-11 can't be a reason to decline any longer.

I am having troubles understanding what and how to do things next if my application is successful.

The background:

OCT 2006 - MAR 2017 - working in the UK
APR 2017 - JAN 2019 - away
FEB 2019 - NOW - working again

I wanted the old-style PR as I know the settled status doesn't work for the periods in the past. But now I have few concerns:

1. What if I get my positive response after Brexit? Can I still apply for Citizenship based on my 2015-2016 period?
2. If 1. = NO, will I be able to apply for citizenship based on Feb 2019 - Feb 2020?
3. Probably should be first question. If my response comes after Brexit, is it still valid? Or will I need to exchange it for settled status straight away?
4. If I can apply for Citizenship under normal rules after having received my PR - do I need to be employed in the UK during my application (despite my covering period is either in the past or until Feb 2020, which means I would apply in Mar 2020)?

Citizenship questions should be posted in the British citizenship sub forum as they are not relevant to this sub forum.

Note that you cannot choose a period to qualify for citizenship. British citizenship is based on the 5 years immediately preceding the date of application.

You also cannot have more than 450 days absence in this 5 year period (which you clearly exceed already) and you must have been physically present in the UK on the same date exactly 5 years ago to the date you apply for citizenship.

Employment is not mandatory for citizenship.

I haven't been away for more than 450 days between 2010-2015, which is my qualifying period for PR.

My first impression was that I will be able to apply for Citizenship based on 2015-2016, which I spent in the UK (I left in 2017)

I haven't been away for more than 450 days between 2010-2015, which is my qualifying period for PR.

You need to firstly understand that you CANNOT choose a 5 year period in the past to base your citizenship application on that suits you. It is not the same process or rules as PR. Citizenship is ONLY based on the 5 years residence IMMEDIATELY preceding the date of application for citizenship.

My first impression was that I will be able to apply for Citizenship based on 2015-2016, which I spent in the UK (I left in 2017)

Your assumption is wholly incorrect. There is no mechanism or process under National Law that allows you to apply based on a period in the past where you might have qualified.

Just to close the topic.. I just received my PR document stating that I acquired it on 6th April 2010 : )

I think I got most of the facts correct but I would like to confirm those with people of greater knowledge.

I received my Permanent Residency card dated 6th April 2010

In the past I've applied for the Citizenship in 2014 based on 2008-2014 and got rejected because of the 2009-2011 WRS extension debacle. As the PR confirms that was no longer a problem.

I do have few questions:

1. Do I need to get Life in the UK Test again? Seems like no but I can't remember if I had to send the original with my first application in 2014.

2. Same with English certificate. I still have my IELTS from 2014. I think I read that it is only invalid for first-time immigrants and that I can still use it?

3. With the online application, very often they ask about last 5 years, last 12 months, which in my case is not the qualifying period. I will use 2010-2016 most likely as I have the best documentation from that period. Do I continue with online application or is it better to use paper-based and attach cover letter explaining what my qualifying period is?

Thank you for your help!

edga wrote: ↑

Thu Oct 17, 2019 12:21 pm

I think I got most of the facts correct but I would like to confirm those with people of greater knowledge.

I received my Permanent Residency card dated 6th April 2010

In the past I've applied for the Citizenship in 2014 based on 2008-2014 and got rejected because of the 2009-2011 WRS extension debacle. As the PR confirms that was no longer a problem.

I do have few questions:

1. Do I need to get Life in the UK Test again? Seems like no but I can't remember if I had to send the original with my first application in 2014.NO - doesn't expire

2. Same with English certificate. I still have my IELTS from 2014. I think I read that it is only invalid for first-time immigrants and that I can still use it?
You can't use that one as it's expired and naturalisation is not an immigration application. A new test needs to be done.

3. With the online application, very often they ask about last 5 years, last 12 months, which in my case is not the qualifying period. I will use 2010-2016 most likely as I have the best documentation from that period. Do I continue with online application or is it better to use paper-based and attach cover letter explaining what my qualifying period is?
For naturalisation you cannot choose your qualifying period. You need to provide relevant details for the five years working back from the naturalisation application date. It's an online process only now, you can upload additional documents. Note, it's not a repeat of the PR application, just provide what is asked for.

Thank you for your help!

Suggest you ask questions in the BC forum.

alterhase58 wrote: ↑

Thu Oct 17, 2019 5:51 pm

edga wrote: ↑

Thu Oct 17, 2019 12:21 pm

I think I got most of the facts correct but I would like to confirm those with people of greater knowledge.

I received my Permanent Residency card dated 6th April 2010

In the past I've applied for the Citizenship in 2014 based on 2008-2014 and got rejected because of the 2009-2011 WRS extension debacle. As the PR confirms that was no longer a problem.

I do have few questions:

1. Do I need to get Life in the UK Test again? Seems like no but I can't remember if I had to send the original with my first application in 2014.NO - doesn't expire

2. Same with English certificate. I still have my IELTS from 2014. I think I read that it is only invalid for first-time immigrants and that I can still use it?
You can't use that one as it's expired and naturalisation is not an immigration application. A new test needs to be done.

3. With the online application, very often they ask about last 5 years, last 12 months, which in my case is not the qualifying period. I will use 2010-2016 most likely as I have the best documentation from that period. Do I continue with online application or is it better to use paper-based and attach cover letter explaining what my qualifying period is?
For naturalisation you cannot choose your qualifying period. You need to provide relevant details for the five years working back from the naturalisation application date. It's an online process only now, you can upload additional documents. Note, it's not a repeat of the PR application, just provide what is asked for.

Thank you for your help!

Suggest you ask questions in the BC forum.

Topics merged and lived to the British citizenship sub forum. Asking the same question again about the 5 year period you WISH to use won't change the answer already given!!

For naturalisation you cannot choose your qualifying period. You need to provide relevant details for the five years working back from the naturalisation application date. It's an online process only now, you can upload additional documents. Note, it's not a repeat of the PR application, just provide what is asked for.

What is this based on?

The following is printed on the letter I got with my PR:

"If you wish to apply for British Citizenship, and you are not the spouse or civil partner of a British citizen, you must have held permanent residence status in the UK for at least 12 months when you apply. The above date will help you decide when you will be eligible to apply. "

The date says 06 April 2010..

This is from gov.uk website:

To apply for citizenship with permanent residence status you must usually have lived in the UK for 12 months after getting permanent residence status. You also need a permanent residence document that proves you’ve lived in the UK for 5 years - this can be any 5 year period.

It's getting really confusing.. I think a visit to Citizens Advice will be in order

It says clearly, PR can be any five year period.
For periods to be documented for AN you work backwards from the AN application date which in many cases does not coincide with the period relevant for PR.
This is discussed regularly here - I don't think Citizens Advice can provide any further clarification.

edga wrote: ↑

Thu Oct 17, 2019 9:47 pm

What is this based on?

It is based on the rules under the British Nationality Act 1981.

edga wrote: ↑

Thu Oct 17, 2019 9:47 pm

The following is printed on the letter I got with my PR:

"If you wish to apply for British Citizenship, and you are not the spouse or civil partner of a British citizen, you must have held permanent residence status in the UK for at least 12 months when you apply. The above date will help you decide when you will be eligible to apply. "

The date says 06 April 2010..

What this quote from your DCPR letter this tells you is the minimum qualifying period that you need to wait after having acquired PR, which is 12 months from the date of acquisition (6 April 2010), i.e. your earliest eligibility date for naturalisation would have been 6 April 2011 assuming you met the rest of the requirements. Had you applied then - or at any point before you left the UK in April 2017 - you would have been eligible for naturalisation provided you also met the residence requirements.

Having become eligible at one point in time does not guarantee your eligibility indefinitely (or at all). If your personal circumstances change (e.g. residency) you may become ineligible under the residency requirements for naturalisation (as in your case).

edga wrote: ↑

Thu Oct 17, 2019 9:47 pm

This is from gov.uk website:

To apply for citizenship with permanent residence status you must usually have lived in the UK for 12 months after getting permanent residence status. You also need a permanent residence document that proves you’ve lived in the UK for 5 years - this can be any 5 year period.

You are correct, but that's not the full story. What your quote does not mention is that one must also meet the residence requirements in addition to having lived in the UK for 5y.

Have a look at Guide AN (rev. May 2019). Here's the relevant quote on requirements:

The residence requirements:

• You must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 5 years before the application is received by the Home Office.
• For example, if your application is received on 05/01/2018 you should have been physically present in the UK on 05/01/2013.
• Most applications that fail do so because applicants have applied even though they cannot satisfy the residence requirement to be present in the UK at the beginning of the residential qualifying period.
• If you are a current or former member of the UK armed forces, you may not have to meet this requirement, if you were serving outside of the UK on the date 5 years before applying.
• You must not have had more than 450 days outside the UK in the 5-year period before making the application (but see the section on Absences).
• You must not have had more than 90 days outside the UK in the 12-month period before making the application (but see the section on Absences).
• You must be free of immigration time restrictions on the date of application, and have been free of immigration time restrictions for the 12-month period before making the application (see the section on Immigration Time Restrictions).
• You must not have been in breach of the immigration rules in the 5-year period before making the application (see the section on Breach of Immigration Law).

As you can see, and as @alterhase58 and @CR001 kindly pointed out, you cannot pick your qualifying period for the above residence requirements. The qualifying period is always 5y going back from the date of the application for naturalisation. For example, if you plan to apply for naturalisation on 01/11/2019, your qualifying residency period is 01/11/2014 - 01/10/2019 during which you cannot have more than 450 days outside the UK, and no more than 90 days outside of the UK in the period 01/10/2018 - 01/10/2019.

While it holds true that you have lived in the UK for 5y at some point in the past, since you were away Apr 2017 - Jan 2019, at this point in time you do not meet the 5y/450-day (immediately before applying) residence requirement. Thus, the earliest date you will become eligible for naturalisation is in January 2024 on the same day that you arrived back in the UK in January 2019 (i.e. physically present in the UK), provided you do not exceed the above allowances.

I hope I've been able to explain it in a little more detailed fashion that makes more sense.

Great Reply. You may now CONVERT that PR to Settled Status and Stay outside upto 5 years . Good luck !!! Rules may change by then 2024 but hope for the best

askmeplz82 wrote: ↑

Sun Oct 20, 2019 1:50 pm

Great Reply. You may now CONVERT that PR to Settled Status and Stay outside upto 5 years . Good luck !!! Rules may change by then 2024 but hope for the best

How is your post relevent to the mandatory requirements for British citizenship??