BRITISH NATIONALITY WITHOUT PERMANENT RESIDENCE

[magata]

I was wondering if you could assist me with the following.


My mother received her first residence permit endorsement in March 2001 and my sister, brother and I received the endorment in December 2001. Then it was extended in 2004 till 2009.

In April we applied for PR following the divorce of my mother with an EEA.

Reading in detail the source from where the below statement was taken . Does that mean that my mother is entitle to apply for British citizenship now and that we are entitle to apply in December? Please could you shed some light on this.

Do we have to wait until they send confirmation of our PR?


Since 30 April 2006, EEA nationals (or their family members) who have been exercising free movement rights in the UK for a continuous period of five years will, at the end of that 5 year period, be automatically entitled to permaent residence in the UK and will not need to obtain indefinite leave to remain in the United Kingdom before applying for naturalisation


Kind regards

Magata

[sakura]

I was wondering if you could assist me with the following.


My mother received her first residence permit endorsement in March 2001 and my sister, brother and I received the endorment in December 2001. Then it was extended in 2004 till 2009.

In April we applied for PR following the divorce of my mother with an EEA.

Reading in detail the source from where the below statement was taken . Does that mean that my mother is entitle to apply for British citizenship now and that we are entitle to apply in December? Please could you shed some light on this.

Do we have to wait until they send confirmation of our PR?


Since 30 April 2006, EEA nationals (or their family members) who have been exercising free movement rights in the UK for a continuous period of five years will, at the end of that 5 year period, be automatically entitled to permaent residence in the UK and will not need to obtain indefinite leave to remain in the United Kingdom before applying for naturalisation


Kind regards

Magata

You all need to wait 12 months after obtaining PR, before applying for naturalisation. Also, bear in mind that anyone over aged 18 will have to pass the Life in the UK test to obtain British Citizenship.

Just to explain further, as an example;
mother obtained PR in Mar 2006, she takes life in UK test, and in Mar 2007, applies for naturalisation;
you obtained PR in Apr 2007, after taking life in UK test, apply for naturalisation in Apr 2008.

When did your mother, and yourselves, obtain PR?

[magata]

Sakura, thanks for your reply

Please correct me if am mistaken

According to the EEA Immigration and Nationalitity Regulations 2006 Since 30 April 2006, settled status is acquired automatically after 5 years. as we have been exercising free movement rights and treaty rights in the UK for a continuous period of five years I pressume that my mother has already obtained PR in march 2006 and therefore is eligible to apply to obtain British Citizenship, providing that the Life in the UK test has been passed.
With regards to my sister, brother and I have already obtained PR it In December 2006 according to these regulation. Therefore are eligible to apply for British citizenship in December providing that the Life in the UK test has been passed.

Thanks

[John]

magata, I agree with your interpretation.

The only downside of going down that route, relying upon the automatic nature of the granting of PR after 5 years, is that when you apply for Naturalisation it will be necessary to enclose proof that EU treaty Rights were actually exercised for the 5 year period. So do hold on to all the useful evidence to show that.

[magata]

Thanks a lot John for kind input, and i am very please that this is the case

I strongly believe that we have all that evidence required to go down this route to proof that EU treaty Rights were actually exercised for the 5 year period. This is due to the fact that my mother has been in employment since she came in to the UK and has kept P60s, Payslips, Letter of employment etc, and My sister has been studying all the time, my brother I have been studing and working we also have educational certificates, P60s, Payslips, etc. all these documents were submitted in April this year to obtain the PR endorsement in our passports.

Once again I really appreciate you valuable assistance and hopefully we get our PR on our passports soon as to allow my mother to apply for BC and hopefully we can do it in December.

Kind regards

[sakura]

Did I write something different? I thought my point was that once they obtained PR they need to wait 12 months, or is she talking about the divorce and the EEA rulings on that matter? I thought they already had PR?

[John]

Did I write something different?

Well I think you did. And based upon what they have written, so did Magata.

It does take a bit of getting used to, the automatic nature of the granting of PR, without application, after 5 years in the UK exercising Treaty Rights ... but of course not earlier than 30.04.06.

[sakura]

Did I write something different?

Well I think you did. And based upon what they have written, so did Magata.

It does take a bit of getting used to, the automatic nature of the granting of PR, without application, after 5 years in the UK exercising Treaty Rights ... but of course not earlier than 30.04.06.

Ah, yes. I do know that PR is obtained automatically. However, for non-EEA nationals, dp they have to apply for the sticker anyway, since many people wouldn't know about the EEA regulations? Is it that they can live without having to obtain proof, if they choose not to?

Plus - they would still need to wait 12 months on PR before applying for naturalisation, no? Which is actually what my point was in the above post.

[JAJ]

Ah, yes. I do know that PR is obtained automatically. However, for non-EEA nationals, dp they have to apply for the sticker anyway, since many people wouldn't know about the EEA regulations? Is it that they can live without having to obtain proof, if they choose not to?

Short term, yes, long term, probably no. But they do not need the stamp to apply for naturalisation.

Plus - they would still need to wait 12 months on PR before applying for naturalisation, no?

Yes - unless the spouse or civil partner of a British citizen.