Page 1 of 1
Applying for Pernament Residence
Posted: Mon Dec 21, 2015 11:05 pm
by BigPete
Hello there. This is my first post here and I need help. I've got few questions. I'm a Polish national living in UK since July 2006. I used to go to secondary school between years 2006-2011 and then started working since 2011. I'm planning to go through naturalization process but first I need permanent residence card. Do I need to have residence card to apply for pernament residence card or can I just apply for pernament residence card straight away as I've already lived here for nearly 10 years now? Also are there any companies who can help me fill out the aplication forms because when I've checked it last time it had over 100 pages and I don't know how to fill it out. Also what are other requirements for it besides being in UK for 5 years?What documents? Another question is in the event of Brexit happening would I be deported and would pernament residence card save me from it? I've spent most of my life here and I 'm planning to stay here. I cannot imagine going back to my country. Bare in mind that I do not have any criminal offences. Would it be fair for all those EU migrants who work,live and pay taxes here?
Re: Applying for Pernament Residence
Posted: Tue Dec 22, 2015 3:13 am
by Obie
Well I don't think the UK will be leaving the EU and even if they do, I don't think they will do mass deportation of people who are living here lawfully under EU law, with permanent Residence. This will infringe principles of the ECHR, and I dont think the UK will be keen on spending billions of pounds in mass expulsion.
Yes as the law stands, you need to have a PR card to apply for citizenship . You need to show that you have been exercising treaty rights or have been the family member of a person who had or has been exercising treaty rights for a period of 5 years.
Re: Applying for Pernament Residence
Posted: Tue Dec 22, 2015 4:42 am
by BigPete
Obie wrote:Well I don't think the UK will be leaving the EU and even if they do, I don't think they will do mass deportation of people who are living here lawfully under EU law, with permanent Residence. This will infringe principles of the ECHR, and I dont think the UK will be keen on spending billions of pounds in mass expulsion.
Yes as the law stands, you need to have a PR card to apply for citizenship . You need to show that you have been exercising treaty rights or have been the family member of a person who had or has been exercising treaty rights for a period of 5 years.
So I don't need residence card first then? As far as proving that I've been exercising treaty rights I'm sure I can find a way to prove it. After all I've been in school here for 5 years and already legally working 4 now.
Re: Applying for Pernament Residence
Posted: Tue Dec 22, 2015 11:02 am
by ohara
Hi, you do need a
document certifying permanent residence in order to apply for naturalisation, this requirement was added in mid November. The form you need to complete is EEA(PR) and it costs £65:
https://www.gov.uk/government/uploads/s ... _07-15.pdf
Don't be put off by the form being 85 pages long. You probably only need to complete 20 or so and it says to only print the pages that you actually complete. You also don't actually need to use the form at all, as the Home Office can't refuse to provide you with proof of PR if you request it and provide the required information. But using the form is certainly the easiest way unless you know the legislation inside out. It can also take up to 6 months.
I'm not sure under which route you would apply however. You will automatically gain permanent residence after 5 continuous years of exercising treaty rights. It doesn't seem you have been working for 5 years yet, but you mentioned that you did your entire secondary school education here. I can't find much information from UKVI but
this link states that time spent in compulsory UK education counts towards your PR clock. So it would seem that your education alone would be sufficient to qualify you for PR. I'm sure other members can advise.
NOTE: PR is gained automatically after 5 years of exercising treaty rights and cannot be applied for. The document mentioned above does not grant you PR, it simply confirms it. You must have held PR (but not necessarily the document confirming it) for at least 12 months before you apply for naturalisation.
Good luck!
Re: Applying for Pernament Residence
Posted: Tue Dec 22, 2015 11:51 am
by noajthan
BigPete wrote:Hello there. This is my first post here and I need help. I've got few questions. I'm a Polish national living in UK since July 2006. I used to go to secondary school between years 2006-2011 and then started working since 2011. I'm planning to go through naturalization process but first I need permanent residence card. Do I need to have residence card to apply for pernament residence card or can I just apply for pernament residence card straight away as I've already lived here for nearly 10 years now?
...
RC is not required (but may have helped) before applying for 'confirmation of PR' card.
If you were here with family whilst you were at school in UK you can apply using your family member (parent) as sponsor;
(that is if they were a qualified person exercising treaty rights in UK, eg as a worker).
For the time period from when you starting working (2011) you can apply in your own right (as a worker).
Suggest print off a few copies of the form to practise filling it in & see how it goes.
Tip: When you apply, keep copies & scans of all the supporting documents (& the form itself) for your own reference.
Good luck.