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nationalty on the basis of permanent residence

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

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goga
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nationalty on the basis of permanent residence

Post by goga » Thu May 16, 2013 2:32 pm

hi

I got permanent residence stamp on my passport in june 2011 on the basis of spending 5 years as a family member if EEA national. I want to apply for nationality but I am bit confused about filling up the AN form. permanent residence is differnent from ILR. so the question 1.3 on the form is

1. Please say when you were given indefinite leave to enter/remain in the UK (not necessary if you are a Commonwealth
citizen with right of abode in the United Kingdom). If you are an EEA
national, a Swiss national or a family member of an EEA or Swiss
national you should read pages 8-10 of the Booklet AN.

shall I put the date when I got my permenant residence?


then on section 2.4


EEA nationals exercising EC Treaty Rights
2.4 If you are an EEA national or the family member of an EEA national, please complete the following section,
showing on what basis you were in the United Kingdom for the last 6 years. This is so we can see whether you were
exercising your Treaty Rights for a continuous period and have acquired permanent residence in the United Kingdom.


do I have to give all the details for last 6 years even though I already have permenant residence?

please help if someone has got nationality on the basis of permenant residence

thanks in advance

Ayyubi72
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Post by Ayyubi72 » Thu May 16, 2013 2:52 pm

Yes, you can put the date of your permanent residence as ILR date.

If you apply full 12 months after your PR date, then just ignore section 2.4.

juju1979
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Post by juju1979 » Thu May 16, 2013 9:27 pm

My husband has been resident in the uk for 5 yrs come 28th May, does he need to apply for PR first or can he straight away apply for BC, I am British and have excersied my treaty rights in Italy for 8 yrs when I lived there in 2000 - 2008, we used eea route to come to the uk.
I noticed u said that if going to do PR for the full yr which would be next May 2014 for us, we would not have to show anything from what he did while he was here, He works and I work

juju1979
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Post by juju1979 » Thu May 16, 2013 9:32 pm

What I mean by PR is does he automatically claim PR without even applying for it and can he apply straight away for BC

Jambo
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Post by Jambo » Thu May 16, 2013 10:14 pm

juju1979 wrote:What I mean by PR is does he automatically claim PR without even applying for it and can he apply straight away for BC
Yes he can. He will need to provide evidence of your stay in Italy (the same evidence you used 5 years ago) to show he has obtained his PR. He will also need to pass Life in the UK test.

See also Q5 in EEA FAQs - Common Questions - Read before posting - Surinder Singh.

goga
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Post by goga » Fri May 17, 2013 12:50 pm

I am applying after almost 24 months. so according to you I can avoid section EEA national as it means it is not applicable on me. right?

juju1979
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Post by juju1979 » Fri May 17, 2013 9:13 pm

When applying for BC do I use AN form and if that is correct which supporting documents do I send with it, do I just send the evidence from when we resided in Italy or do I as the spouse have to show evidence from the uk also. And can he apply anytime within this yr or does it have to be the 28th may when he came here and began residing here 5 yrs ago.
My husband has done an ESOL course in English at an accredited college here under SQA, but the course did not have citizenship, but on the UKBA website it states along as he has passed a course in English by an accredited college.
Any help would be very much appreciated we have been waiting for this time now for 5 yrs and we want to do it right.

juju1979
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Post by juju1979 » Fri May 17, 2013 9:23 pm

Now when we apply for BC we will no longer be using European law, it will be british law, what do they want from us when we apply

babe_khyber
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Post by babe_khyber » Fri May 17, 2013 9:26 pm

juju1979 wrote:When applying for BC do I use AN form and if that is correct which supporting documents do I send with it, do I just send the evidence from when we resided in Italy or do I as the spouse have to show evidence from the uk also. And can he apply anytime within this yr or does it have to be the 28th may when he came here and began residing here 5 yrs ago.
My husband has done an ESOL course in English at an accredited college here under SQA, but the course did not have citizenship, but on the UKBA website it states along as he has passed a course in English by an accredited college.
Any help would be very much appreciated we have been waiting for this time now for 5 yrs and we want to do it right.
First of all ILR,PR, And SETTLEMENT is the same immigration category 2nd after October 2013 you will need to show both life in the uk test and ESOL B1 Level for naturalisation as British citizen.
best wishes
babe khyber

juju1979
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Post by juju1979 » Fri May 17, 2013 9:36 pm

I was just looking at the AN application and right down at the bottom where it tells you all the evidence you need to send it says that u need to have the evidence of PR or confirmation of PR or it will really slow the application down ?

juju1979
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Post by juju1979 » Fri May 17, 2013 9:37 pm

Thank you for the information babe khyber

Plum70
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Post by Plum70 » Sat May 18, 2013 2:59 pm

juju1979 wrote:I was just looking at the AN application and right down at the bottom where it tells you all the evidence you need to send it says that u need to have the evidence of PR or confirmation of PR or it will really slow the application down ?
Nowhere on the form is this statement written. This is your interpretation and should be highlighted as such so as not to unintentionally mislead.

I applied to naturalise as the spouse of a dual Swiss and British national without my PR confirmation. I used my local NCS, provided my payslips and P60s covering 5 years to prove my automatic acquisition of PR, plus my husbands P60s/payslips covering 6 years and his PR doc - this was precautionary - and my application was approved in little over 3 weeks.

Provided there is satisfactory evidence to show that a EEA national/Family member has automatically acquired PR in accordance with the EU Directive, this confirmatory step may be skipped. The caseworkers, guided by law, are able to deduce from assessing the paperwork that such an applicant is eligible. Of course this is on the proviso that all other requirements under nationality law are met and only applies to PR attained under EU law.

juju1979
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Post by juju1979 » Sat May 18, 2013 4:40 pm

I did not mean for my last post to come out like that, I could have worded it better but thank you, any help is appreciated at this stage we just want it all done and dusted and live happy with our children in the uk without having to worry bout immigration anymore, we have had to deal with documents and visas for a long time so can't wait to have a stress free life

juju1979
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Post by juju1979 » Mon May 20, 2013 8:59 pm

Does my husband have to apply on the day he entered, or can he apply anytime within this yr

juju1979
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Post by juju1979 » Wed May 22, 2013 6:15 pm

It's is for Jambo, still I little confused does my husband have to do the full yr to be able to miss out section 2.4 or can we apply anytime this yr and still miss out section 2.4 sorry

Jambo
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Post by Jambo » Wed May 22, 2013 6:49 pm

juju1979 wrote:It's is for Jambo, still I little confused does my husband have to do the full yr to be able to miss out section 2.4 or can we apply anytime this yr and still miss out section 2.4 sorry
I know many of the forum members can answer questions. There is no need to address them to me (or any other member).

As you are British, your husband doesn't need to wait a year and can apply immediately once the 5 years have passed. As he doesn't hold a PR Confirmation (following a EEA4 application), he will need to fill in the details in 2.4-2.6. I also suggest he adds some information on page 13 to explain his immigration background as it is not a typical route the naturalisation team see everyday and you want to make sure they understand on what basis he has obtained his status. You will need to provide evidence of your work and residence in Italy (similar to what you provided 5 years ago). Your husband would also need to provide evidence of his residence in the UK for the past 5 years (the 5 years is because of the EEA route).

juju1979
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Post by juju1979 » Wed May 22, 2013 9:26 pm

Thank you very much, you have given us very helpful information in past that is why I asked you directly sorry.
We will start putting everything together now and hopefully have all done by mid June, so it is not relevant that he applies exactly on the 28th he can apply whenever as long as we have all the correct documents to support his application

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