Immigrationboards.com

'The residence requirements:

You must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 5 years before the application is received by the Home Office.
For example if your application is received on 20/3/2017 you should have been physically present in the United Kingdom on 21/3/2012.'


I am an EEA national. Do I must have been physically present in the UK on the day 6 years ( 5 years + 12 months rule) before the application is received by the HO ?

Uran wrote:I am an EEA national. Do I must have been physically present in the UK on the day 6 years ( 5 years + 12 months rule) before the application is received by the HO ?

Not six years, but five years. You need to prove that you were physically present in the UK or Islands at the start of the five year period preceding the application. DO not confuse PR rules and naturalisation rules. They are under different rules and different laws and have no connection with each other.

No it is 6 years. The person has to be free from immigration control for 1 year before applying, unless they have a British spouse.

So OP''s understanding as to 6 years is correct.

The original poster is clearly referring to Naturalisation rules and not PR .

Obie, I believe that the OP is referencing the naturalisation requirement to be physically present in the UK at the start of the five year period immediately preceding the application. That requirement is irrespective of when ILR or PR was acquired.

Schedule 1, Section 1(2)(a) of the British Nationality Act 1981.

So, he needs to prove that he was physically present in the UK on (date of application - 5 years + 1 day).

That provision cannot be read in isolation. It is only relevant if a person had entered the UK and secured ILR or PR before a 5 years period.

But in cases like OP where they need 5 years of residence to secure PR status, it has limited relevance and cannot be read in isolation.

I am going to apply for british citizenship on 2nd May 2017.
My PR date is 1st May 2016.

I was on vacation outside the UK on 2nd May 2011. (6 years ago)
I was in the UK on 2nd May 2012. (5 years ago)

Obie wrote:That provision cannot be read in isolation. It is only relevant if a person had entered the UK and secured ILR or PR before a 5 years period.

But in cases like OP where they need 5 years of residence to secure PR status, it has limited relevance and cannot be read in isolation.

Obie, I need hardly point out to you that naturalisation has nothing to do with when and how settled status was acquired. So, I believe that this provision would be read as written, without regards as to when and how settled status (ILR or PR) was acquired, provided a period of one years since such acquisition has elapsed.

To the OP, based on the dates you have given and assuming you were in the UK on 3rd May 2012, you will be fine.

Well Paragraph 1 (2)(c) of schedule 1 does require 1 year free of restrictions, which in most cases means holding PR or ILR for 12 months.

I fully accept that OP meets the requirements also.

So, correct answer is - the day 5 years before the application is received by the Home Office. Not 6 years. Right?

Uran wrote:So, correct answer is - the day 5 years before the application is received by the Home Office. Not 6 years. Right?

Correct.

Uran wrote:So, correct answer is - the day 5 years before the application is received by the Home Office. Not 6 years. Right?

No you should be free from immigration control for 1 year.

So if you are an EEA national who entered UK in March 2011 and Exercised Treaty Right through out and also has PR, then you will Qualify now.

If you entered March 2012 you will Qualify March 2018 and so on.

Exceptions may apply if thE EEA national acquired settled status before 5 years.

I entered the UK in 2008.
My PR date is 1st May 2016.
My AN application date will be 2nd May 2017. (1 year after PR date).


3rd May 2011 (6 years ago) I was on vacacion outside the UK. I wasn't phisically present in the UK.
3rd May 2012 (5 years ago) I was physically present in the UK.

I hope that the 3rd May 2012 is the date with HO asking for.

Uran wrote:I hope that the 3rd May 2012 is the date with HO asking for.

It is.

I can confirm that its the date in 2012 (5 years ago) as well as that was what my NCS said to me and I am applying based on EU PR.

As you obtained DCPR in 2016, it is likely that your absence in 2011 did not break the continuity of your residence and so you will be fine.

Therefore you will be classified as a person who was free from Immigration control since 2013, and therefore you will be fine.