Help.. EU citizen applying for a naturalisation

[Hermes2014]

Hi, I'd appreciate if someone could help me on the following issues.

Q1.

I'm EU citizen resident in the UK for 14 years and I'm looking to apply for a British citizenship. I haven't got PR card but from 2000 - 2005 I was at school and college studying for GCSEs and then followed by A-levels. From 2005 - 2009 I was at uni so basically I've been student from 2000 until 2009. Does this mean I was exercising my treaty rights and can I directly apply for a citizenship without applying for a PR card and waiting for a year?

For the proof that I've been a student those years I can provide letters from school, college and university + copies of my GCSEs, A-levels and degree.

Q2.

I have a daughter born in the UK in 2009. If I have been exercising my treaty rights between 2000 and 2009 as a student, can I apply British passport for her without her going through the naturalisation process?


Thanks!

[Jambo]

Q1: student require to have private health insurance for their time to be counted for Permanent Residence. Did you have one?
I assume your were under 21 for the first years. In that case, you can do count on your parents activities. Did one of your parents (EEA national) work during that time?

Q2: if you had PR status before the child was born, the child is British from birth. If not, you could register her as British once you obtain PR status.

[Hermes2014]

Thanks for your response.

I was 14 years of age in 2000 when I moved to the UK. My parents applied for permanent residency in 2006 or 2007 and they were granted. My dad only worked for a year and then he was laid off due to ill health and subsequently retired. My mother studied for a year and hasn't worked as well due to ill health. They were never asked for a medical insurance cover when they were applying for the PR card.

Does the fact that they have PR card make it easier for me to apply for naturalisation without applying for a PR card first or will I still need proof of medical insurance cover to apply for naturalisation without obtaining PR first?


Thanks

[Jambo]

Any reason why they didn't apply for your PR at the same time?

If they had obtained PR in 2007, and you have lived in the UK during those years, you have obtained PR as well. You can apply for naturalisation directly or apply first for PR Card just to make sure you got all the right documentation as naturalisation fee is high to lose if refused. In any case, I suggest you explain your case with the application as this is not a standard one (although not complex as they have the PR card already).

You will need to provide a parent passport and PR card,a birth certificate (to show your are their son), evidence you have lived in the UK for the 5 years before 2007. This will prove you also have obtained PR.
For naturalisation you just need to add proof you have lived in the UK for the past 5 years (and English requirement and Life in the UK test).

[Hermes2014]

I was going on holiday and my dad was determined to send the application during that summer. In hindsight I should have applied at the same time and I'm absolutely kicking myself for not applying with them but I guess I was young&stupid.


Just to clarify the following points:

- I can apply for naturalisation as my parents have PR card (forgot two mention my siblings have PR cards too as they applied at the same time) and by default I have too?
- For the English language requirement will GCSE English suffice and the fact that I've studied here up to university level?
- If I apply naturalisation via the above method then comprehensive sickness insurance is not required?



Thanks

[Hermes2014]

Please advise. Jambo, anyone????

[Jambo]

You can apply based on your parent's activities (which means you have obtained PR in 2007). CSI is not required as you don't apply based on your (student) activities but as a family member.

GCSE is not enough (oversight by the HO when listing the accepted test). Either a university degree or passing the English test.

[Hermes2014]

Thank you very much for your help Jambo.

[Hermes2014]

Just to update:

I spoke to someone from the HO on the phone today and they were adamant that I couldn't apply for neither naturalisation nor permanent residence using my parents activities as I was over 18 years. Are these just call handlers or qualified advisors?


I got the dates mixed up. In 2005 my parents applied for the temporary residence permit and then in 2010 October they were granted PR.

Jambo, anyone please advise?