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12 Months of ILR

Posted: Fri Nov 12, 2021 6:34 pm
by tts90
Hi all,
I read the AN guidance and I have a few question in regards to the 12 months of EUSS/ILR that need to be held before applying for citizenship.

It is my understanding that you can apply before those 12 months (so as soon as you hit the 5 year threshold) if you held 12 months of being free from immigration control/permanent residence. I moved to the UK in 2017 and I got pre-settled status in 2019. Having a EU passport qualified me as free from immigration control and I was resident in the UK right from 2017 (I was registered as UK resident in my previous country where I am national). Now my question is ... Because in 2017 PR cards were not issued any longer, how do I prove I was free from immigration control / Permanent residents for those 12 months ? Will my EU passport suffice or will I need to prove this through other means ? I have no issues in showing HMRC documents, employment letters etc etc

Many thanks

M

Re: 12 Months of ILR

Posted: Fri Nov 12, 2021 6:38 pm
by CR001
The requirment is to have held settled status for a full 12 months which you apply for after 5 years residence in the UK, before you can apply for British citizenship.

Citizenship is based on 5 years residence, of which the last 12 months of the 5 years qualifying period must be you holding with ILR or Settled Status.

So basically, anyone who is not married to a British citizen, has to complete 6 years residence in total.

Re: 12 Months of ILR

Posted: Fri Nov 12, 2021 6:43 pm
by tts90
Thx for your reply.
In the AN Guidance is mentioned:

If you do not have a permanent residence card, you will need to show us that you had been in the UK in accordance with the EEA Regulations for 5 years and so had become permanently resident. Or you may choose to wait until 12 months after you were granted indefinite leave to remain under the EUSS.

Time before 1 January 2021
Until 31 December 2020 if you are an EEA or Swiss national, or their family member, you will have been in the UK lawfully if you were relying on either or both of the following:
• an EEA right of residence
• leave to remain granted under the Immigration Rules

So how can I prove that I was in the UK in accordance to EEA Regulations - EEA right of residence?