What exactly is classed as a 'Permanent residence document'?

Hi all,

My question is: what exactly counts as a permanent residence document?

Within the 'naturalisation as a British citizen' application form, one of the questions asks the following:
'Are you an EEA national who has been issued with a permanent residence document?'

If I have acquired EU settlement over a year ago then do I select Yes or No to this question? (despite the fact that there isn't any kind of physical document for EU settlement)

Thanks.

ILR granted under the EU Settlement Scheme is also considered a permanent residence document, even if you don't get a physical document. So the answer should be Yes, after which there will be a question like "What will you use to apply for British citizenship?" for which you can select "Indefinite leave to remain (ILR), including ILR granted under the EU Settlement Scheme" as answer.

This is what I did and had no problems regarding it.

The correct answer is No.

A Permanent Residence document is a specific document stating a specific status (Permanent residence under the EEA Regulations, issued before 31st December 2020). It will either be a DCPR (for EEA citizens) or a PRC (for non-EEA family members of EEA citizens).

ILR under either the Settlement Scheme or under other provisions of the Immigration Rules is not "Permanent Residence".

"Permenant Residence", especially for EEA citizens, has a very specific legal meaning. Do not confuse the two.

While that might be the correct answer from a legal point of view, in the current version of the online application form you are able to select that you wish to use "ILR granted under the EU Settlement Scheme" only if your answer is Yes to this question.

Vhaelan wrote: ↑

Thu Jun 17, 2021 3:58 pm

While that might be the correct answer from a legal point of view, in the current version of the online application form you are able to select that you wish to use "ILR granted under the EU Settlement Scheme" only if your answer is Yes to this question.

If you answer 'No' to the question then it asks an additional question as follows:
'Have you been granted indefinite leave to enter, or remain, in the UK?'

I am guessing if I have EU settlement status then then I should select 'Yes' to this instead?

I am not sure because it doesn't specify EU settlement in this second question, but ILR is a part of the EU settlement status so it should still be correct?

That may work as well. Do you have to provide additional information of your status if you answer Yes to the 2nd question?

In any case, it's worth uploading the settled status outcome letter as well as part of the supporting documents.

Vhaelan wrote: ↑

Thu Jun 17, 2021 10:16 pm

That may work as well. Do you have to provide additional information of your status if you answer Yes to the 2nd question?

The difference between the 2 scenarios is as follows:

If I select 'Yes' to the permanent residence question then it will ask for the following:

• Evidence that you have been in the UK lawfully for the 5 year qualifying period

• Copy of comprehensive sickness insurance (CSI) policy

• Proof of nationality including passport, UK permanent residence card and evidence of freedom from time restrictions

If I select 'No' to the permanent residence question but 'Yes' to the 2nd ILR question then it asks for:

• Proof of freedom from immigration time restrictions (such as passport or letter from home office)

In both cases it will also ask for the other basic requirements such as passport, referee declarations, proof of knowledge of the English language etc.

It's pretty weird because they require a copy of a CSI policy for the 1st option but not for the second option. Yet I am pretty sure that CSI is part of the 'Good character' requirement of citizenship regardless?
Also, with the 1st option, even if I choose to apply using EU settlement, it still asks for a permanent residence card which many EU settlement people (incl. me) don't have. It is all so confusing.

Geith wrote: ↑

Fri Jun 18, 2021 12:21 am

Vhaelan wrote: ↑

Thu Jun 17, 2021 10:16 pm

That may work as well. Do you have to provide additional information of your status if you answer Yes to the 2nd question?

The difference between the 2 scenarios is as follows:

If I select 'Yes' to the permanent residence question then it will ask for the following:

• Evidence that you have been in the UK lawfully for the 5 year qualifying period

• Copy of comprehensive sickness insurance (CSI) policy

• Proof of nationality including passport, UK permanent residence card and evidence of freedom from time restrictions

If I select 'No' to the permanent residence question but 'Yes' to the 2nd ILR question then it asks for:

• Proof of freedom from immigration time restrictions (such as passport or letter from home office)

In both cases it will also ask for the other basic requirements such as passport, referee declarations, proof of knowledge of the English language etc.

It's pretty weird because they require a copy of a CSI policy for the 1st option but not for the second option. Yet I am pretty sure that CSI is part of the 'Good character' requirement of citizenship regardless?
Also, with the 1st option, even if I choose to apply using EU settlement, it still asks for a permanent residence card which many EU settlement people (incl. me) don't have. It is all so confusing.

You're overcomplicating things. What matters here is that you have ILR under EU Settlement Scheme and the date you got it. The application will ask you when that was granted and the case worker will check a - you do indeed have it, and b - when you got it to make sure 12 months have passed since then (assuming you're not married to a British Citizen in which case b is disregarded). Technically, as advised, you should should choose yes to permanent residence question as that is the only option that will allow you to specify that you're relying on ILR under EU Settlement Scheme to satisfy the freedom from immigration time restrictions requirement. But then again, either way the case worker will do his/her checks. Yes, the Home Office should really amend that permanent residence question as it is confusing but that is beside the point really. CSI will only be required if you were a student or self-sufficient anytime during your qualifying period. The form is generic and only adapts to application type, i.e. EU national or non-EU national etc, not individual application or circumstances. The requirements you have to satisfy do not change and that is what the case worker will check based on the information in your application and the supporting documents submitted.

dexmo wrote: ↑

Fri Jun 18, 2021 8:21 am

Technically, as advised, you should should choose yes to permanent residence question as that is the only option that will allow you to specify that you're relying on ILR under EU Settlement Scheme to satisfy the freedom from immigration time restrictions requirement.

I get what you're saying. However, it seems like I'm getting conflicting advice on my initial question.

Some people have advised me to answer 'Yes' to having a permanent residence document, but some have advised the opposite.

Geith wrote: ↑

Fri Jun 18, 2021 11:16 am

dexmo wrote: ↑

Fri Jun 18, 2021 8:21 am

Technically, as advised, you should should choose yes to permanent residence question as that is the only option that will allow you to specify that you're relying on ILR under EU Settlement Scheme to satisfy the freedom from immigration time restrictions requirement.

I get what you're saying. However, it seems like I'm getting conflicting advice on my initial question.

Some people have advised me to answer 'Yes' to having a permanent residence document, but some have advised the opposite.

As you're using ILR under EU Settlement Scheme to satisfy the freedom from immigration time restrictions requirement you should answer yes to having a permanent residence document and then choose ILR under EU Settlement Scheme option, there's no way around it. The fact that you don't have a permanent residence document as per EU regulations is irrelevant. You are not expected to provide the document and will not be accused of using deception in your application form, if that's what you're worried about. UKVI know the only way to choose ILR under the EU Settlement Scheme in the application form is to answer yes to EU national who has been issued with a permanent residence document, and that this applies to applicants who do not have it. As to getting conflicting recommendations from the forum members, each individual on here is giving you their advice based on their understanding. It is down to each applicant to make sure they understand the requirements and provide the information and the documents required as per their circumstances.

You should be fine either way to be fair, just make sure you upload your settled status outcome latter as one of the supporting documents. You will also need to fill in all previous immigration applications, so they will know that you have applied for the settled status from this section as well.

If you answer No to the first question, the form will not know that you are an EU citizen and therefore will not generate the CSI requirement. You should still submit this if it's applicable to you (as you were a student or self sufficient) should you choose to answer No to the first question.

I guess I will just have to select yes for the permanent residence document question so I can select the EU settlement option, and then upload all my relevant documents. Hopefully, with all my evidence, that will be enough for the caseworker to understand the situation.

I am still keeping my eye out for the CSI fiasco before I submit my application as I have not had continuous CSI coverage.

Nevertheless thanks for all the helpful replies.

I answered 'yes' and then selected that I want to apply with EU Settled Status and I just got approved so no worries! I did panic after seeing some people on here saying this is incorrect, but it isn't!

jzag1989 wrote: ↑

Wed Jun 23, 2021 8:33 pm

I answered 'yes' and then selected that I want to apply with EU Settled Status and I just got approved so no worries! I did panic after seeing some people on here saying this is incorrect, but it isn't!

That's reassuring to hear.
And congrats on getting approved!

Thanks a lot! It was a stressful 5.5m wait. I actually sent a letter to the Home Office in a panic that I answered the question wrong, plus elaborating on a few other answers. I did that on the same day of my acceptance letter. They'll have a good laugh when they read it lol. Got to be careful of people's advice on this forum sometimes!