Set(O) or Set(LR)?

[ferdinando33]

Hi there,

I am in a bit of strange situation in that I arrived in the UK in 2001 and have been in school (3 yrs) then university (4 yrs) and then in employment until this very moment.

I stupidly assumed that when I entered the country (as an EU National - Portuguese) that I was granted some form of residency which I know now is not the case. I am looking to now apply for ILR but am not sure of whether I can apply with the Set(LR) form or whether I need to apply via the Set(O) - the points system of which seems a bit confusing. I do not have any residency documents whatsoever from the Home Office as I relied so heavily on my EU status up to this point.

I do not have a BRN and really just need to get the ball rolling as I am hoping to apply for naturalisation after (fingers crossed!) having my ILR accepted.

Would anyone be able to provide me with some insight into this?

Thanks!

[vinny]

Neither. Use EEA3.

Did you have CSI while studying?

[Amber]

If you want to be British and have proof of working for the last 6 years, perhaps just apply to naturalise? As prima facie, you've already been settled for at least 12 months.

As you're an EEA national, you automatically settle (permanent residency) after exercising treaty rights for 5 years, you don't need to apply for anything it's just automatically conferred, the proof I.e. A permit just makes things easier.

[maxmelion]

As you're an EEA national, you automatically settle (permanent residency) after exercising treaty rights for 5 years, you don't need to apply for anything it's just automatically conferred, the proof I.e. A permit just makes things easier.[/quote]

Have u got the articale legal link for it ?

[Jambo]

Have you tried to check the UKBA website?

http://www.ukba.homeoffice.gov.uk/eucit ... nationals/

[maxmelion]

Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK)automatically obtain Permanent Residence status. This status is not lost unless the person is absent from the UK for more than 2 consecutive years. Yea
im looking for prove that

So i want prove for ukba for my retain right of recident tht my ex wife was granted nationalty after beeing 5 continues years so its automaicly PR after beeing 5 years working so if i prove that she is british citezen that she is PR without has to apply for eea3
So they approve my retain right application without prove with was qualify on time of divorce bcos she is PR
Which was automaticly granted with applying.

U got me jambo?

Have you tried to check the UKBA website?

http://www.ukba.homeoffice.gov.uk/eucit ... nationals/

[Obie]

Assuming what Ferdinando is saying is correct, he may have secured PR and the right to apply for Naturalisation, irrespective of whether he held a CSI or not. He has spent a substantial period in the UK.


EEA3 will be the best option.

[ferdinando33]

Hi all,

Thanks for your replies and apologies for not keeping you more up-to-date with my situation and for thanking you earlier.

Here is a little update of where I currently stand:

I applied for naturalisation and was denied. This was the key message I drew from their letter, "As you have not been exercising your treaty rights for a continuous period of 5 years you do not meet the requirement."

I don't understand this as I have been in the country for more than the necessary time and haven't had any excessive times outside of the country.

I initially thought that this was mainly due to my lack of an ILR but, upon reading your replies and the FAQ's again and finding the following, I don't think that this is the case:

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.

I am now thinking of approaching an agency to deal with contesting my refusal. I don't know how strong my case is because I don't have an ILR or PR document but do have plentiful documentation to prove that I have been living and working in the UK for a substantial amount of time.

I normally wouldn't go down the agency route but when compared to the sum I thought I was facing (ILR £1051 + Naturalisation £850 [again!]) I hope it won't be as much.

This is how I look at it:

Best case scenario they can contest the naturalisation refusal and I am granted naturalisation. I then have to pay the agency fees of a few hundred pounds.

Worst case scenario:

I am refused again, have to apply for PR and then apply for naturalisation AGAIN! This will obviously be far more costly.

Again, any views you have on this would be much appreciated.

Many thanks,

Ferdinando

[chaoclive]

When exactly did you start working? How many years have you been in work in the UK? If you were a student without CSI they might not accept that.

I think you should apply for PR first and after that is ready you will now whether or not your application for naturalization will be accepted. It's only 55GBP to apply for PR via form EEA3.

[ferdinando33]

I was working while at university (started in 2004) and then have been ever since.

I had already been studying in the country for 4 years before starting university and didn't have CSI.

I would happily apply for PR and then Naturalisation but this would require me to pay the naturalisation charge again... do you think this is the best option or do you think I have a chance of contesting the decision?

[chaoclive]

Provide a little detail on the proof that you provided when you applied for the first time. That might help people advise you.

[ferdinando33]

This is where I encountered another problem...

When they requested documents from me their letter specifically asked for BOTH of the following things:

-Evidence of exercising treaty rights since your arrival in the UK
-The passport of Home Office letter in which indefinite leave to remain in or indefinite leave to enter the UK was granted

As a result I sent them back a letter querying the need for ILR if I had been exercising my treaty rights for the amount of time that I had been. I received no reply to that letter and shortly after received the letter saying that I was 'expected to meet certain residential requirements' and thusly my application was unsuccessful.

Basically they did not acknowledge my letter and then refused me because I didn't provide them with residential/treaty rights proof.

How likely is it for them to reconsider applications after having already made up their mind?

I am just wondering whether to contest or get my PR then re-apply.

[Jambo]

What evidence exactly did you provide with the application?

If you can provide the correct evidence, might be cheaper/easier to ask for reconsideration.

[ferdinando33]

I didn't send anything... the only thing I sent them was a letter questioning the need for an ILR which I got no response to until the letter came which said my application was unsuccessful.

Now with my Form NR what should I be sending along with it?

I have the following prepared:

-Passport
-EU Identity Document
-Payslips and P45 & P60's for 6 years (luckily I keep everything well filed!)
-Letter from school stating that I went there between 2001-2004
-Degree Certificate (to prove that I was here studying between 2004-2009)

Other than these is there anything else I need to send?

Do they need bank statements etc? My credit history isn't great and I don't have a huge amount in my bank account (unfortunately!). Will this play a major factor in the decision?

[ferdinando33]

PS:

-They didn't send me back my Life in the UK test cert so I'm going to send them details of where and when the test was passed as i have read that this will suffice

Do I have to send them my driving license (both parts)? This would be extremely inconvenient for work etc

[Jambo]

I meant when you applied. What evidence did send along with the form AN?

[ferdinando33]

I believe I only sent proof of identity and proof of having taken the Life in the UK test

[Jambo]

It that case you have no one to blame but yourself. I would have thought you would pay more attention to the evidence required before spending £800. You can try a reconsideration and you may get lucky.

[Obie]

You could file in a Judicial Review.

That is the only remedy open to you.

Given what you have stated, there is a reasonable prospect of success.

[Amber]

Apply for a reconsideration at a cost of £80 on form NR (click) this time providing the required proofs and you will hopefully be successful.

[irina2206]

Hello Everyone,

I hope someone will be able to advice with regards to my situation.

I am about to make my British Citizenship application.
The details are the following:
EU National,
July 2004 - July 2009 - worker
August 2009 - document certifying Permanent Residence received.

Do I need to prove exercising EC Treaty Rights again?
April 2008 - March 2011- worker
April 2011 - September 2011 - unemployed due to redundancy, JSA
September 2011 - June 2013 - university student (did not have Comprehensive Sickness Insurance because did not know about it)
July 2013 - now - unemployed looking for work, JSA

Do I need to send all P60's and payslips again for time spent in employment, letters confirming JSA when I was unemployed?
What to do with Comprehensive Sickness Insurance? Was I supposed to have one while studying? I have European Health Insurance Card expiring in July 2016 issued in UK about five years ago. Does it count?

Thank you. I will appreciate your help.

[Amber]

No, your PR card proves you're settlement so just send that. No employment evidence just state unemployed.

[irina2206]

Thank you for your reply, Amber.

Few more questions regarding filling the form...

Do I need to put the date on which I received my PR card in section 1.3?
What shall I put for questions 2.4 -2.6? Do I need to tell what my status was from April 2008 to April 2014?

I was a student from September 2011 until June 2013. When I wanted to book an appointment with NCS, they said that I was supposed to have a Comprehensive Sickness Insurance while being a student. I've got confused because I thought I had already been settled in the UK since August 2009 when I received PR card.

thanks again,
Regards,
Irina

[Amber]

The NCS were wrong.

[irina2206]

Well, that is why I decided not to pay 70£ for their services and fill the application form myself. Although I've read the guide, it is still confusing, especially sections 2.4-2.6. Any advice will be appreciated.

Thanks.