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PR to naturalisation

Posted: Sun Feb 21, 2010 7:44 pm
by daisy81
Can anyone please explain the process from getting PR to applying for naturalisation? how long do you have to wait before applying?
I have been reading up on immigration guidelines and some say after 6 years in total in the UK (no matter what date the PR stamp in your passport) you can apply but the UKBA seems to say after 12 months on PR visa....

thanks

Re: PR to naturalisation

Posted: Mon Mar 01, 2010 7:48 pm
by vegeta_2009
daisy81 wrote:Can anyone please explain the process from getting PR to applying for naturalisation? how long do you have to wait before applying?
I have been reading up on immigration guidelines and some say after 6 years in total in the UK (no matter what date the PR stamp in your passport) you can apply but the UKBA seems to say after 12 months on PR visa....

thanks
for now you have to hold PR status for one year, then you can take to the exam and citizenship.

this will all change sometimes in 2011 when then you have to wait even longer between PR and citizenship. basically the idea is to show that you are contributing to the community

Posted: Mon Mar 01, 2010 8:06 pm
by daisy81
Thanks for your reply Vegeta - I'm actually not sure now if I will get to the naturalisation stage as I'm separated from my husband and he won't cooperate in giving me any evidence that he has been working.
My residence card will expire in 2012, do you know if I can stay on that permit even if my divorce is finalized later this year? Or do I have to apply for retention of residence straight after divorce?

thank you

Posted: Mon Mar 01, 2010 8:21 pm
by vegeta_2009
the regulation says (Chapter 5 point 5.4.2) you have to provide sufficient evidence that your EEA partner has been exercising treaty right.

the onus falls on the non-eea to prove that the eea person has been exercising treaty rights. this is not fair at all because it opens up the relationship to all kinds of abuse, chantage etc...

i would seek legal advice, technically you would have been here 10 years in 2012 so you might be able to go the long residency route adn apply for PR that way.

i wish you the best of luck, seems like we are all being treated guilty untill proven innocent....all treated with the same comb... :roll:

Posted: Mon Mar 01, 2010 8:28 pm
by daisy81
I'm getting myself ready for the worst if I have to leave the country as I can't ask my ex for any documents as he's been harrasing me over the past 2 years.

I just want to know if I can stay in the UK for a bit longer (as my current visa doesn't expire till 2012) after my divorce is finalized or would i be classed as illegal? I have been working full time for 5 years.
I will not be able to apply for PR after 10 years in the UK as my stay was broken up by a 2 years abroad :(

Posted: Mon Mar 01, 2010 10:21 pm
by vegeta_2009
daisy, it is kinda of a grey area, if you call the HO they will be able to answer this question, i would call them couple of times though just to get a definitive answer.