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Naturalisation - 12 month period - Perm.Resid. - EU national

Posted: Fri Feb 26, 2016 3:26 pm
by DaisyChloe
Hello everyone

I have finally received my Permanent Residence.

I am an EU national.

If I right understood, I have to wait 12 months before I can submit my application for the Naturalisation?

Also, just to clarify on this, do I have to be in full time employment (meaning I am exercising my Treaty rights) for those consequent 12 months before applying to be naturalised?

I am happy to hear anyones experiences...about PR and Naturalisation

:)

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Fri Feb 26, 2016 3:50 pm
by ohara
If you have already had PR for 12 months there is no need to wait any longer :)

You do not need to continue exercising treaty rights once you have PR, and there is no requirement to be employed before or while applying for naturalisation :!:

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Fri Feb 26, 2016 4:13 pm
by DaisyChloe
Ohara -

oh thats interesting! I no longer have to exercise treaty rights if I already hold PR.

But when applying for the naturalisation i only have to prove that I have been present in the UK for those 12 months after receiving the PR.

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Fri Feb 26, 2016 5:33 pm
by ohara
You can have up to 90 days absence in the 12 months before the application

You must make sure you were present in the UK on the day 5 years before your application is received.

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Sat Feb 27, 2016 12:10 pm
by DaisyChloe
Ohara - Are you married to or in the civil partnership with a British citizen? If not, then you need to wait 12 months before applying for the naturalisation after you have received PR.

P. 10 of Naturalisation Booklet

"But remember that, unless you are married to or the civil partner of a British citizen, you should normally have held permanent resident status for 12 months before applying for naturalisation. This means that you may need to wait until you have been in the United Kingdom for 6 years before you can apply..."

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Sat Feb 27, 2016 12:18 pm
by noajthan
DaisyChloe wrote:...

P. 10 of Naturalisation Booklet

"But remember that, unless you are married to or the civil partner of a British citizen, you should normally have held permanent resident status for 12 months before applying for naturalisation. This means that you may need to wait until you have been in the United Kingdom for 6 years before you can apply..."
Be careful here.

It does not say
held PR card
it says
held permanent resident status for 12 months
The devil is in the detail :!:

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Sat Feb 27, 2016 12:32 pm
by DaisyChloe
hmm... apologies if I was trying to say something wrong..

Could you please clarify this to me... I do not understand.....

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Sat Feb 27, 2016 12:39 pm
by CR001
DaisyChloe wrote:hmm... apologies if I was trying to say something wrong..

Could you please clarify this to me... I do not understand.....
PR is acquired automatically by an EU citizen exercising treaty rights and being a qualified person. A PR card is ONLY confirmation of the status and is only required to be submitted with BC applications since November 2015. Prior to this, the PR card was 'optional' and was not required to be applied for.

EU route is very different to UK Immigration and ILR route. An ILR holder, unless married to a British Citizen, has to hold the ILR BRP Card for a full 12 months. ILR has to be applied for, it is not acquired automatically.

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Sat Feb 27, 2016 12:43 pm
by noajthan
DaisyChloe wrote:hmm... apologies if I was trying to say something wrong...
Nothing wrong, no need to apologise.

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Sat Feb 27, 2016 1:01 pm
by DaisyChloe
Thank you for explaining

I understand, if an individual is non-eu then he/she must wait for 12 months, but in my case as I am eu national , i do not necessary have to wait for those 12 months to pass..? is that correct..?

When I read the naturalisation booklet, I did not take into account the fact that it applies not only to eu nationals but also to non-eu nationals who apply for the naturalisation... :)

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Sat Feb 27, 2016 1:05 pm
by CR001
It is 12 months from the date you 'acquired automatic PR as a qualified person'. PR Card is just confirmation. So if you acquired PR in say February 2015, you can apply for citizenship exactly 12 months after that, unless married to a British Citizen, then you don't have to wait 12 months.

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Sat Feb 27, 2016 1:12 pm
by DaisyChloe
Thanks for clarification!

Now I understand.

I am an eu national.

I acquired my PR in February 2016 and I can apply for the naturalisation in February 2017 ..

:)

Re: Naturalisation - 12 month period - Perm.Resid. - EU nati

Posted: Sat Feb 27, 2016 1:38 pm
by noajthan
DaisyChloe wrote:Thanks for clarification!

Now I understand.

I am an eu national.

I acquired my PR in February 2016 and I can apply for the naturalisation in February 2017 ..

:)
Potentially yes - that is earliest for you unless you take the somewhat drastic step of marriage to BC before then.

You also have to be able to prove you were physically present in UK 5 years (to the day!) from date of application.
- 5 years not 6 years.

Assuming all other requirements have been/can be met by then, including: sound mind, referees, 'good character', residency, LITUK, proof of English, absences within limits & etc. Oh yes - & PR card!

Note rules on absences are different from the EU treaty rights rules on absences - you may like to check up on them..