Calculating qualifying period for EU-citizens: 5 or 6 years?

[Sabriina]

Hello all,

I just found this wonderful website and with lots of info to complicated questions (thanks for this website

I have a question... I actually thought my case would be uncomplicated and straight forward.

- I`m a European Citizen (born in Sweden, Swedisch passport and Nationality).
- I`ve been living in London since 1st of September 2008. Never left the country... not married to a British.
- As a Swedisch citizen there was no visa and no entry stamp when I arrived in the UK at Luton Airport.
- However the first 6 months I was jobless and lived with a friend in her council flat. after that I got my first Job, P60 etc. to prove I was in the UK.

I`m in the process of applying for British citizenship but I`m a bit confused as to the qualifying period.

1. Question: Proving the date of entry to the UK:
a) Do I have to prove that I came on the 1st of September 2oo8,
b) or will it be enough if I simply state 1st of September 2008 in the AN Form as the begin of my residential qualifying period or will my naturalization be rejected if I cant prove it?

2. Question: Calculating the residential qualifying period
I`ve heard and read 5 years (meaning I could apply for naturalization on the 2nd of September 2013)... I`ve also heard and read 6 years (5 years + additional 12 months of ILR; meaning I would have to wait till September 2014).

Does that mean I now have to wait 6 years instead of 5 years? I`m a bit confused because I always believed that Europeans automatically have an ILR...

Anyone able to give me a definite answer as I would hate to lose 851 Quid with a rejection.

By the way... Before someone asks to first read “Sticky: Citizenship FAQs - Common Questions - Read before posting”... actually I did read the FAQs and 20 other threads, but still couldnt get a definitive answer.. on the contrary the information on Q5 of the FAQs is quite confusing:

_____________________________________
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.
________________________

Which is a bit annoying, because this additional hurdle would (in effect) turn a 5 year qualification period into a 6 year waiting period, correct?

However: On the UK border agency leaflet it says: “If you are a European Economic Area (EEA) national or a Swiss national, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain.”
If I understand that correctly I don’t have to have to apply for leave to remain or ILR because I already have it.

So whats correct?

[boloney]

you have to wait 6 years, 5 years exercising treaty rights (after that you get PR) and another 12 months free from immigration control.ILR does`t apply to you, after 5 years you will get PR but you have to prove it, so for the 6 months after you entered UK can you prove that you been looking for job? anyway it safer first apply for EEA3 which is confirmation of PR and then apply for naturalization using the same evidence. EEA3 is free.

[Jambo]

You don't need to apply for leave to remain becuase it is obtained automatically after 5 years.

Maybe this post would also help clarifying things - two periods of 5 years.

[Jambo]

By the way- why would a Swedish citizen want to become a British citizen as well?

[Sabriina]

By the way- why would a Swedish citizen want to become a British citizen as well?

maybe for the same reason a Pakistani or a Nigerian citizen would want to become British?

[Sabriina]

you have to wait 6 years, 5 years exercising treaty rights (after that you get PR) and another 12 months free from immigration control.ILR does`t apply to you, after 5 years you will get PR but you have to prove it, so for the 6 months after you entered UK can you prove that you been looking for job? anyway it safer first apply for EEA3 which is confirmation of PR and then apply for naturalization using the same evidence. EEA3 is free.

ok thanks for the clarification... but what I dont understand. what is the difference between PR and ILR? in theory they should be the same, in`it? then why the difference?

[boloney]

to get ILR you have to follow national immigration law, to get PR eu law. after you get one of them there is no difference.as far as I know you can get ILR after 4 years plus 12 months will give you 5 years residence period.

[Jambo]

There are subtle difference between the two. The main one is that PR is obtained under the EEA regulations and ILR under the UK domestic rules. For naturalisation purposes, they are the same.

It the same for someone on a work permit/tier 1 visa - he can apply only after 6 years of residence in the UK. 5 years to get ILR + 1 year with ILR.

[Sabriina]

There are subtle difference between the two. The main one is that PR is obtained under the EEA regulations and ILR under the UK domestic rules. For naturalisation purposes, they are the same.

It the same for someone on a work permit/tier 1 visa - he can apply only after 6 years of residence in the UK. 5 years to get ILR + 1 year with ILR.

ok... that means I will have to WAIT another year...

[boloney]

ok... that means I will have to WAIT another year...

if you was married to British Citizen you would`t have to wait another 12 months, you could apply after 5 years.
it`s not that long, I have my PR since august 2009 and I only applied for naturalization on Friday.

[Jambo]

By the way- why would a Swedish citizen want to become a British citizen as well?

maybe for the same reason a Pakistani or a Nigerian citizen would want to become British?

Maybe.

As long as you are aware that by becoming Britsh, you will not be able to make use of your Swedish nationality for immigration purposes i.e. future immigrations applications (for family member for example) would be need to be made according to the (more strict) UK national immigration rules and not the EEA regulations.