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13 years lawful residency and no right for BC!

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

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ElenaDi
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Joined: Mon Jan 09, 2012 8:44 pm

13 years lawful residency and no right for BC!

Post by ElenaDi » Mon Jan 09, 2012 8:55 pm

I have been a resident in the UK since January'99 and I am a citizen of Bulgaria.

I have resided in the country for 13 years, the first 4 ½ as a student, following 3 ½ as a work permit and HSMP holder (3 work permits 1 HSMP permit) and the last 5 as an EEA Citizen exercising Treaty rights.

My partner's nationality is Indian and since 27 March 2007 he has had the status of a family member of an EEA National who is exercising Treaty rights in the UK.

Because of Bulgaria ascending to the EU and EEA on 1st January 2007 I had to register as an EEA Citizen exercising Treaty rights which (according to the UK Border Agency) means they start counting the qualifying period from scratch and aren't considering the 3 1/2 years I have been on a work permit status.
I would like to understand whether I am eligible to apply for naturalisation as a UK citizen at present.

Thanks for the help in advance!
Elena

Jambo
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Joined: Fri Oct 02, 2009 10:31 am

Post by Jambo » Mon Jan 09, 2012 9:23 pm

First, you did not have had to register as EEA national in 2007. You could have continued on the (although costly) Work Permit / HSMP visa route and apply for ILR using that path.

Second, have a look here.

damidamz
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Post by damidamz » Tue Jan 17, 2012 6:35 pm

apply for indefinite leave to remain first. you can't just apply for british citizenship without ILR

ElenaDi
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Joined: Mon Jan 09, 2012 8:44 pm

Post by ElenaDi » Thu Jan 19, 2012 5:24 pm

@Jambo
Thank you for the reply and reference to the legal case.
I have spoken to UK Border Agency with regards to considering this ruling in my case however they only seem to be following their own regulations. They were unaware of the ruling and unable to comment. This communication was over the phone, however I have written a formal letter to have their official stand in writing.
It appears my only option is wait wait another year before applying for naturalisation unless I choose to pursue that through the legal system. Any advice on my options there.

much appreciated.
Elena

@damidamz
This is incorrect. I do not need an ILR to apply for naturalisation when doing so as an EEA National having excercised my treaty rights in the UK for 6 years. (5 to automatically aquire permanent residence + 1 year as a permanent resident). I have confirmed that with UKBA today and have it in writing from previous communication with them.

Jambo
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Post by Jambo » Thu Jan 19, 2012 6:20 pm

You should appreciate that the people in the call centre are familiar with the main regulations but they are not the case worker who make the decision so I would be careful taking the word especially if it was only done verbally.

If you wish to apply, make sure to write a cover letter with reference to the case law. It might take a bit longer as it is likely to get refered to a senior caseworker but there isn't a big downside to make the application now (apart of giving up your passport/ID for a couple of months).

ElenaDi
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Joined: Mon Jan 09, 2012 8:44 pm

Post by ElenaDi » Thu Jan 19, 2012 8:06 pm

I could apply via the Nationality Checking Service at my local council where they take photocopies of all documents, including passport and let me keep the originals.
However the bigger downside will be paying the nearly £1300 (for me and my partner) for a case that's far from iron clad.
I'm definitely considering this though. Will post back here an outcome if I do go ahead with it.
Thanks again, you've been very helpful!
Elena

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 10:31 am

Post by Jambo » Thu Jan 19, 2012 8:33 pm

You can make an application under EEA regulations for a confirmation of your PR status (form EEA3). You can provide evidence to cover only 2005-2010 and test the water. The application is free.

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