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EU Passport Holder - Eligibility for a UK Passport

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

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dmuk
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Joined: Mon Oct 06, 2014 1:34 pm

EU Passport Holder - Eligibility for a UK Passport

Post by dmuk » Mon Oct 06, 2014 7:57 pm

I hold an EU passport (one of the core founding member states).

When I first entered the UK it was on another passport (with a visa). A year later I acquired the EU passport. For the past 7 years I have lived in the UK on the EU passport. I was born and raised in an English speaking country.

I do not hold an EEA3 or formal permanent residency document however can prove work & living through various paperwork (such as payslips, bank statements etc).

Before I proceed with the application I wanted to double check I am eligible.

Am I missing anything? Is there anything I need to provide as proof of permanent residence apart from a valid EU passport; and evidence of living in the UK for more than 5 years?

According to the Gov.UK website (https://www.gov.uk/becoming-a-british-citizen) I would be eligible:

You can apply for British citizenship by naturalisation if:
  • you’re 18 or over
    you’re of sound mind
    you’re of good character
    you’ll continue to live in the UK
    you have met the knowledge of English and life in the UK requirements
You must usually also have:
  • lived in the UK for at least the 5 years before the date of your application
    spent no more than 450 days outside the UK during those 5 years
    spent no more than 90 days outside the UK in the last 12 months
    been granted indefinite leave to stay in the UK (or permanent residence if you’re an EEA national) - this means there’s no specific date that you have to leave
    had indefinite leave to stay in the UK for the last 12 months (or permanent residence if you’re an EEA national)
    not broken any immigration laws while in the UK

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: EU Passport Holder - Eligibility for a UK Passport

Post by Jambo » Tue Oct 07, 2014 7:42 am

Check the Citizenship FAQ (link below) Q1 & Q5.
Check the FAQ before posting!
Citizenship (adults, children, passport)
EEA (EEA FP, RC, PR, Surinder Singh)

dmuk
Newly Registered
Posts: 24
Joined: Mon Oct 06, 2014 1:34 pm

Re: EU Passport Holder - Eligibility for a UK Passport

Post by dmuk » Tue Oct 07, 2014 11:35 am

Jambo wrote:Check the Citizenship FAQ (link below) Q1 & Q5.
Thanks.

1) This is where I am confused. Does 'exercising your treaty rights' simply mean working & living indefinitely in the UK? So by me living and working in the UK for more than 5 years (as a EU passport holder), I automatically obtain PR?

This aligns with the questions raised in AN Form (Q2 2.4 to 2.6). You need to prove you were living and working in the UK for the past 6 years (PR + 1 year).

2) I don't have an EEA3 and this is optional based on the FAQ guidance. Therefore I will follow option 1 - "You will need to provide proof of the 5 years (similar to what is needed in EEA3/EEA4 application). Form AN has a specific section (Q2.4-2.6) for such application."

As above. By providing evidence of time in the UK, I satisfy the requirements?
Q5: I'm a EEA national/family member of EEA national. When can I apply for naturalisation?

Under EEA regulations, Permanent Residence status is obtained automatically after 5 years of exercising treaty rights. You need to hold PR status for 1 year to be eligible for naturalisation (unless you are married to a BC) so effectively you can apply after 6 years of residence in the UK. Having a PR Confirmation (following EEA3/EEA4 application) is optional and is not required in order to apply for naturalisation.

You have two options:

1. Apply after 6 years in the UK. This includes 5 years of exercising treaty rights + 1 year with PR. You will need to provide proof of the 5 years (similar to what is needed in EEA3/EEA4 application). Form AN has a specific section (Q2.4-2.6) for such application.
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required.

If you hold a PR Confirmation for less than 1 year but have lived in the UK for 6 years, you can apply using option (1). The PR confirmation can only be used if you apply 1 year after the issue date. The reason is that the PR Confirmation only contains one date - issue date. It doesn't state when the PR status was actually acquired. If you want to use a PR date prior to the issue date, you will need to provide treaty rights proof to prove it.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: EU Passport Holder - Eligibility for a UK Passport

Post by Jambo » Tue Oct 07, 2014 6:31 pm

Yes. Provide employment evidence (5 P60s for example) for years 1-5. Provide proof of residence for years 1-6. Pass the LIUK test and English requirement.
Check the FAQ before posting!
Citizenship (adults, children, passport)
EEA (EEA FP, RC, PR, Surinder Singh)

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