Naturalisation - Quick questions

[stavk]

Hello everyone,

I'm an EU citizen who is interested in applying to become a British citizen by naturalisation and I've got a few quick questions.


1) I've been studying in the UK since September 2012. Am I right in believing that it counts and fulfills the requirement of exercising my treaty rights?

2) What is the fastest route to become a British citizen? Am I right in thinking that I can apply for Permanent Residence once I've lived in the country for 5 years (September 2017) and for citizenship a year later (September 2018), or I can do either of them earlier than that?

3) How do I prove how long I've been in the country for? I'm asking since I know about the maximum of 450 days outside the country limitation. Will letters from my university do? Tenancy agreements? But then what about the periods that I went back home for Christmas, for example? I've also worked for a couple of months, I'm guessing payslips would be proof too?

4) Is there anything that I'm missing out that is vital to do in order not to lose my right to apply?

[secret.simon]

1) I've been studying in the UK since September 2012. Am I right in believing that it counts and fulfills the requirement of exercising my treaty rights?

This only counts if you had either Comprehensive Sickness Insurance (private health insurance) or a non-UK EHIC card for the entire period that you were a student.

Alternatively, if you had a continuous period of part-time work in that period, you could qualify as a worker.

[ohara]

As above, being a student counts towards your permanent residence qualifying period as long as you have comprehensive sickness insurance.

One you reach 5 years of exercising treaty rights and acquire permanent residence, you need to complete form EEA(PR) to apply for a document certifying permanent residence. The fee for this is currently £65 and for EEA citizens it takes around 6-8 weeks.

Once you have held PR for 12 months you can apply for naturalisation, assuming you meet all of the other criteria such as good character. The fee for this application is currently £1005 but is increasing to somewhere in the region of £1230 in April 2016.

Most of all, good luck

[stavk]

Thank you very much for your answers.

1) I've been studying in the UK since September 2012. Am I right in believing that it counts and fulfills the requirement of exercising my treaty rights?

This only counts if you had either Comprehensive Sickness Insurance (private health insurance) or a non-UK EHIC card for the entire period that you were a student.

Alternatively, if you had a continuous period of part-time work in that period, you could qualify as a worker.

Unfortunately I do not have private health insurance in the UK. I have been insured every single year back in my home country, but never applied for EHIC. I had no idea I needed it since I've always thought that just being covered back home was enough. And I actually have been to a walk-in centre here in the UK once. Would that disqualify me?

I haven't had a continuous period of part-time work either.

As above, being a student counts towards your permanent residence qualifying period as long as you have comprehensive sickness insurance.

One you reach 5 years of exercising treaty rights and acquire permanent residence, you need to complete form EEA(PR) to apply for a document certifying permanent residence. The fee for this is currently £65 and for EEA citizens it takes around 6-8 weeks.

Once you have held PR for 12 months you can apply for naturalisation, assuming you meet all of the other criteria such as good character. The fee for this application is currently £1005 but is increasing to somewhere in the region of £1230 in April 2016.
Most of all, good luck

Does your second paragraph mean that I acquire PR automatically after having exercised my rights for 5 years, and I only have to complete the form in order to get certification of it?

The rest sounds exactly like I had interpreted the requirements, so all good.
The only thing that stresses me out now is the CSI/EHIC now.
I cannot believe I didn't ask about it any earlier.

[noajthan]

Hello everyone,

I'm an EU citizen who is interested in applying to become a British citizen by naturalisation and I've got a few quick questions.


1) I've been studying in the UK since September 2012. Am I right in believing that it counts and fulfills the requirement of exercising my treaty rights?

2) What is the fastest route to become a British citizen? Am I right in thinking that I can apply for Permanent Residence once I've lived in the country for 5 years (September 2017) and for citizenship a year later (September 2018), or I can do either of them earlier than that?

3) How do I prove how long I've been in the country for? I'm asking since I know about the maximum of 450 days outside the country limitation. Will letters from my university do? Tenancy agreements? But then what about the periods that I went back home for Christmas, for example? I've also worked for a couple of months, I'm guessing payslips would be proof too?

4) Is there anything that I'm missing out that is vital to do in order not to lose my right to apply?

1) The above posters have advised you of the need for CSI or, at a pinch, a foreign-issued EHIC in order to have kept your PR clock running during your student years.

In the absence of CSI/EHIC, there is a transitional arrangement that would get you off the hook.
It's a longshot but if you had the foresight to get a RC, issued to as a student, in or before 2011 there is no need to demonstrate CSI.

See https://www.whatdotheyknow.com/request/ ... issued.pdf

Do you have such a RC

Finally, a really long longshot...
Are you covered by any health cover your parents may have in home country that extends to you as a family member? (even if you are living abroad from your home country)?

2) Quickest way to privilege of citizenship, (once you have confirmation of PR):
There is no need to hold PR for 12 months if you are (by that time) married to a BC.

3) Yes, all those papers & documents will count as your proofs.

You also have to declare such trips in your absence history on citizenship form.

Your mileage may vary but a SAR (from UKVI) may (even for an EEA national) show some if not all of your entry/exits from UK.
See https://www.gov.uk/government/publicati ... mmigration

4) Health cover or transitional arrangement is vital. See 1.

Edit: sadly based on your dates, the transitional arrangement won't work for you.

Make sure absences from UK are within prescribed limits (short holidays are fine).

Unimpeachable supporting documentary evidence is necessary for the whole 5 year period.
- Don't give HO any 'wriggle room'.

And yes, you are correct, you acquire PR automatically if you exercise rights, continuously, as a qualified person (eg student, worker, self-employed, self-sufficient etc).

The PR card is simply a confirmation - it doesn't confer or grant such rights.
However a PR card is now a mandatory prerequisite for the privilege of citizenship.

[ohara]

It is worth checking whether your health insurance in your home country would have covered you in the UK, as if it did, that could count for the CSI requirement. I'm not an expert on the whole CSI thing, and believe me you are not the first person who has been completely surprised by the requirement. As an EEA citizen I never had CSI while I was a student in the UK, but thankfully I've been here so long that I have sufficient PR qualifying periods either side of my time as a student so I'm OK.

Yes PR is acquired automatically, and whether or not you have a card or document confirming it has no effect on that. The only way you can lose PR once acquiring it is if you leave the UK for a continuous period of 2 years (I think).

There is no legal requirement to have any proof of permanent residence, but since 12th November 2015 you must submit evidence of it when applying for naturalisation, either with a document certifying permanent residence or a permanent residence card (non-EEA citizens).

As for using NHS, I believe if you are not working and paying national insurance contributions, you should pay for any NHS treatment you receive. I may be wrong though.

[stavk]

1) The above posters have advised you of the need for CSI or, at a pinch, a foreign-issued EHIC in order to have kept your PR clock running during your student years.

In the absence of CSI/EHIC, there is a transitional arrangement that would get you off the hook.
It's a longshot but if you had the foresight to get a RC, issued to as a student, in or before 2011 there is no need to demonstrate CSI.

See https://www.whatdotheyknow.com/request/ ... issued.pdf

Do you have such a RC

Finally, a really long longshot...
Are you covered by any health cover your parents may have in home country that extends to you as a family member? (even if you are living abroad from your home country)?

2) Quickest way to privilege of citizenship, (once you have confirmation of PR):
There is no need to hold PR for 12 months if you are (by that time) married to a BC.

3) Yes, all those papers & documents will count as your proofs.

You also have to declare such trips in your absence history on citizenship form.

Your mileage may vary but a SAR (from UKVI) may (even for an EEA national) show some if not all of your entry/exits from UK.
See https://www.gov.uk/government/publicati ... mmigration

4) Health cover or transitional arrangement is vital. See 1.

Edit: sadly based on your dates, the transitional arrangement won't work for you.

Make sure absences from UK are within prescribed limits (short holidays are fine).

Unimpeachable supporting documentary evidence is necessary for the whole 5 year period.
- Don't give HO any 'wriggle room'.

And yes, you are correct, you acquire PR automatically if you exercise rights, continuously, as a qualified person (eg student, worker, self-employed, self-sufficient etc).

The PR card is simply a confirmation - it doesn't confer or grant such rights.
However a PR card is now a mandatory prerequisite for the privilege of citizenship.

What is CSI?
I did have a foreign issued EHIC but never thought I would need it. I tried to find it but I can't. Would you happen to know whether I can order a new one which will somehow have the same dates on it as the previous one? (as it would have covered me all the way from 2012).

Also, I have been insured under my parents in my home state for every single year (I checked). Would that be sufficient?
However their cover will expire literally this month and they've moved to the States (so they aren't going to renew it). Should I go for private health insurance in the UK so that I'm covered from now on?

The only thing is, I do not know whether it is worth the money seeing as there is going to be a referendum in 2016 and I have no idea what an exit vote would mean for me. What do you guys think?

One last thought, would a part-time job cover me? Would a zero-hour contract job cover me?

[noajthan]

What is CSI?
I did have a foreign issued EHIC but never thought I would need it. I tried to find it but I can't. Would you happen to know whether I can order a new one which will somehow have the same dates on it as the previous one? (as it would have covered me all the way from 2012).

Also, I have been insured under my parents in my home state for every single year (I checked). Would that be sufficient?
However their cover will expire literally this month and they've moved to the States (so they aren't going to renew it). Should I go for private health insurance in the UK so that I'm covered from now on?

The only thing is, I do not know whether it is worth the money seeing as there is going to be a referendum in 2016 and I have no idea what an exit vote would mean for me. What do you guys think?

One last thought, would a part-time job cover me? Would a zero-hour contract job cover me?

CSI = comprehensive sickness insurance.

You need to find that EHIC
or else get a letter confirming you had one at the relevant times.
(I do not know the policy in your home country on how they issued EHICs).

Yes, parent's health cover might suffice (parents are great aren't they!).
That is, if it is indeed 'comprehensive cover' and if you can show you were covered by your parent's policy whilst you were in UK at the relevant time.

If you are a student or self-sufficient person (now) & want that time to keep your PR clock running and so count towards acquiring PR you need CSI in place.

You can be classed as a qualified person who is a worker with a part-time job.
There are no specific rules on hours, salary, contract etc simply that the work must be 'genuine & effective'.

Regarding any question of Brexit, only you can decide what is important/valuable to you & whether something (anything) is 'worth it'.

[stavk]

Thank you very much for all the information.

One quick question, in case Britain exits the EU would the clock stop running immediately or they would have to repeal the Act first, which could take some time?

Trying to weight up whether it is worth getting insured here now, as it really would be a waste of money if time stopped running on June the 23rd.

[stavk]

Edit: I have been looking for Private Insurance and I even found something as cheap as £300 a year. Could something as cheap be a comprehensive health insurance or have I been looking at the wrong things? I'm only 21 and perfectly healthy. Non smoker, not overweight. So I'm guessing all these things matter.

[noajthan]

Thank you very much for all the information.

One quick question, in case Britain exits the EU would the clock stop running immediately or they would have to repeal the Act first, which could take some time?

Trying to weight up whether it is worth getting insured here now, as it really would be a waste of money if time stopped running on June the 23rd.

I really don't know but my sense is the wheels of government turn slowly.

Look at Switzerland which held an EU-related referendum approx 2(?) years ago and is still to fully act to impose its quotas on immigration before some deadline in 2017.

[stavk]

That sounds great then!

I'm guessing they won't really know that much themselves (not yet anyway) about this particular issue, but who is it that I can call about all these things in general? Is it the home office?