Application for Naturlisation

[super_jeff]

Hello,
Can someone please confirm if i can apply for Naturlisation, I have called the UKBA helpline 3 times and got following 3 different replies,
1) I need to apply for ILR now as my Permanent residency is only valid for 10 years, and i can not apply for BC.
2) I need to make a new EEA4 application and state i have been divorced and can retain my rights following the divorce.
3)I will get some one to call you and i think you can apply for Naturlisation.

My Case history is following.

Nationality :- Indian
Visa History:-
Sep 2001-2005 -- Student Visa
July 2005-2007---Work Permit
July 2007-July2012--EEA FAMILY PERMIT after marriage to EU national and i have a 6 year old child with the EU national.
27 March 2013---MARCH 2023 ---PERMANENT RESIDENT CARD after applying for EEA4
Divorce-Decree-Absolute:- 15-10-2014

I will be very grateful, if some one has been in similar situation or can help to clarify if i can apply for BC.

[milan69]

If you have been UK resident for the last 5 years and hold ILR for one year than you can apply.

[super_jeff]

milan69, i don't have ILR but i have "PERMANENT RESIDENCE CARD" after i applied for EEA4 for 10 years and a letter from home office saying "You Now Have Right Of Permanent Residence in the United Kingdom"

Is ILR same as "PERMANENT RESIDENCE CARD"

[CR001]

Is ILR same as "PERMANENT RESIDENCE CARD"

Yes, it is the same thing, just called something different : ILR is through UK immigrations laws and PR is EU regulations etc.

[milan69]

Q5: I'm a EEA national/family member of EEA national. When can I apply for naturalisation?

Under EEA regulations, Permanent Residence status is obtained automatically after 5 years of exercising treaty rights. You need to hold PR status for 1 year to be eligible for naturalisation (unless you are married to a BC) so effectively you can apply after 6 years of residence in the UK. Having a PR Confirmation (following EEA3/EEA4 application) is optional and is not required in order to apply for naturalisation.

You have two options:

1. Apply after 6 years in the UK. This includes 5 years of exercising treaty rights + 1 year with PR. You will need to provide proof of the 5 years (similar to what is needed in EEA3/EEA4 application). Form AN has a specific section (Q2.4-2.6) for such application.
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required.

If you hold a PR Confirmation for less than 1 year but have lived in the UK for 6 years, you can apply using option (1). The PR confirmation can only be used if you apply 1 year after the issue date. The reason is that the PR Confirmation only contains one date - issue date. It doesn't state when the PR status was actually acquired. If you want to use a PR date prior to the issue date, you will need to provide treaty rights proof to prove it

[super_jeff]

Many Thanks for Clarifying CR001 and milan69 . So just to be clear, i can apply for Naturalisation based on this summary i have provided above and my divorce should have no impact on my application for Naturalisation.

[milan69]

As far as I know once you have PR you are not dependent on your partner so it is irrelevant if you are married or not.

[super_jeff]

I spoke to a woman at NCS in Bath and Northeast Somerset Council and she was insisting that i am not eligible and i should have applied for ILR and not under EEA4.
I am shocked, and she refused to book an appointment. Can anyome help please!

[Jambo]

Just call back and tell them you have ILR. Don't start to explain that you applied for EEA4 which is the name of the form and not your status.