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Naturalisation after 10 years without PR card

Posted: Thu Feb 27, 2020 2:12 pm
by petrafin
Hi,

I am a French citizen and I've been living in the UK for 10 years.

I have recently been granted the EU settled status (in January 2020).

I understand that I need to wait one year (so until January 2021) to apply for British naturalisation if I want to use the EU settled status. But I would like to apply quicker if possible.

So I am thinking to apply to the Permanent Resident status and then use it to submit my Citizenship application.
However I also read that I need to wait one year after I get the PR status.

My question is: if it's been 10 years that I am in the UK, do I really have to wait 1 year after I get the PR card? It doesn't make any sense to me. If I get the PR card, can't I argue that I was already "PR status" automatically after 5 years even if I get my PR card just now?

I didn't know that I needed to wait 1 year after PR card. I thought the PR status was automatic after 5 years and so I could just get the card and apply directly. Isn't it the case?

Thanks.

Re: Naturalisation after 10 years without PR card

Posted: Thu Feb 27, 2020 2:35 pm
by alterhase58
Did you exercise treaty rights during your 10 years in the UK? As a worker, student, self-sufficient, self-employed?
You would have acquired PR automatically during a continuous period of five years when you were working, etc., say from 2010 to 2015, and you could specifically request that period in the PR application. In that case you wouldn't have to wait for a year after getting the card.

Re: Naturalisation after 10 years without PR card

Posted: Thu Feb 27, 2020 2:58 pm
by petrafin
Thank you for your quick reply.
Yes I worked all the time since 2010 so that's good news then.

But I can't find where I decide which period I want to use for the PR application (online).

Is that part of the documents I have to provide during the appointment? So I can give them only proof for say 2010 to 2015?

Thanks.

Re: Naturalisation after 10 years without PR card

Posted: Thu Feb 27, 2020 3:02 pm
by AnotherUUID
petrafin wrote:
Thu Feb 27, 2020 2:58 pm
Is that part of the documents I have to provide during the appointment? So I can give them only proof for say 2010 to 2015?
Correct. If you apply for DCPR, the decision will be based on the evidence (and the period covered by it that you supply as part of the application.

Thus, if you have relevant evidence of having exercised treaty rights for the period 2010-2015 you could obtain a DCPR and letter stating that you acquired permanent resident status in 2015. This will allow you to apply for naturalisation immediately after receiving your DCPR, provided you meet the (separate) residence requirements for naturalisation.

However, for DCPR be wary of the rules surrounding the comprehensive sickness insurance requirement which came into force in 2011.

Re: Naturalisation after 10 years without PR card

Posted: Thu Feb 27, 2020 3:28 pm
by petrafin
Great, thanks!

Just last question. If I struggle to find bills or work contracts for 2010, can I provide proof for the period 2012 to 2018 for example even if I stated in the application that I arrived to the UK in 2010? They won't ask me for evidence of what I have done between 2010 and 2012?

Thanks.

Re: Naturalisation after 10 years without PR card

Posted: Fri Feb 28, 2020 1:42 am
by Richard W
We've not seen evidence of such thoroughness. If they cared about your status in 2010-12, they would check your tax records. Now, when you apply for naturalisation, they may well do such a check as part of the good character check. They would then discover that you were indeed not in breach of the immigration laws.