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Naturalisation after few years of holding PR status

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Grazka
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Naturalisation after few years of holding PR status

Post by Grazka » Mon May 13, 2013 1:16 am

Hi there,
I'm EU citizen (A8) living in the UK since May 2004. Since then I exercised treaty rights (TR) for 5 years mainly as a student and self-sufficient person (supported by my husband). I believe, I automatically acquired permanent residence (PR) in May 2009 (didn't apply for confirmation). I completed my post-graduate studies in Dec 2010 and have been working full-time since then. Presently, I've decided to apply for naturalisation as BC and have a questions regarding filling the AN form.
In the form I'm asked to show how I exercised TR for last 5 years - I acquired PR in 2009 and I believe I didn't need to exercise TR after that. Is that correct? If yes, should I include years 2004-2009 as my qualifying period and ignore "the last 5 years"?
Could you please advise on this?

Grazka
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Post by Grazka » Mon May 13, 2013 1:18 am

read EU, A8 group

Jambo
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Post by Jambo » Mon May 13, 2013 7:02 am

Student and self sufficient EEA nationals are required to have a private medical insurance (CSI - Compregensive Sickness Insurance) to be hold or a non UK EHIC. Did you comply with this requirement? Without it, time as a student doesn't count for PR.

Alternatively, did you apply for a blue card (Registration Certificate) as a student before 2011?

Grazka
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Post by Grazka » Mon May 13, 2013 10:50 am

Thanks for your reply.
The requirement for the private medical insurance was introduced in 2011. Do I need it when I was student before that, exactly between may 2004-2005 and then 2006-2010? But anyway it happens that I had that insurance from Vanbreda international since May 2004 until 30 April 2009. As you probably noticed it didn't cover last 10 days of my qualifying period (I exercised TR from 10 May 2004 to 10 May 2009). Also, I have the blue registration certificate since 2007, I was full time student when I applied for it. Is that helpful in my case? Many thanks for your help :)

Jambo
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Post by Jambo » Mon May 13, 2013 11:21 am

Grazka wrote:Thanks for your reply.
The requirement for the private medical insurance was introduced in 2011. Do I need it when I was student before that, exactly between may 2004-2005 and then 2006-2010? But anyway it happens that I had that insurance from Vanbreda international since May 2004 until 30 April 2009. As you probably noticed it didn't cover last 10 days of my qualifying period (I exercised TR from 10 May 2004 to 10 May 2009). Also, I have the blue registration certificate since 2007, I was full time student when I applied for it. Is that helpful in my case? Many thanks for your help :)
The requirements for CSI for students has been introduced in the EEA regulations back in 2006 but only started to be enforced in 2011. That is why the HO would exempt you from CSI if you have applied for the blue card as a student (as they didn't enforced it when you applied, then can't ask you to have it afterwards).

With regards to your original question - the questions in 2.4-2.6 refer to the 5 years of treaty rights. This doesn't need to be the last 5 (or 6 years).

If you apply directly for BC (and skipping EEA3 application) you will need to provide:

- Your passport
- Your blue card (as a student)
- Evidence of student status (letters from university)
- A signed declaration about your funding and not relying on benefits
- Evidence you have not left the UK for more than 2 years since PR was obtained.
- Life in the UK test

Grazka
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Post by Grazka » Mon May 13, 2013 12:21 pm

Thanks again for your prompt response. That is really very helpful.

1. That means that in the AN form I should include 2004-2009 as my qualifying period instead of "last 5 years" as it is required in the form - is that correct? Should I attach some explanation letter about it?

2. Another issue is WRS as I am EU A8. I started working in 2010 so after I acquired PR and I did not register with WRS as I didn't need to exercise TR any more - is that correct?

3. Regarding funding as a student, since 2006 I was receiving studentship and got a letter from uni stating the figure I was paid every month. However earlier, between 2004 and 2005 I was self-funded student - basically I was suported by my husband (non-EU working outside of UK) - should I state I was self sufficient or supported by family member? Does it matter at all for the application? And which documents should I provide? My husband was paid on US account and I was also using it initially before I opened a bank account in here and was getting transfers from my husband's account.

4. Between Oct 2005 and oct 2006 I was looking and applying for post-graduate studentships. I was obviously suported by my husband at that time and did not rely on any public funds. Is that again self-sufficiency or unemployment during which I nedded to be self-sufficient?

Thanks again for your kind advice.

Jambo
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Post by Jambo » Mon May 13, 2013 1:21 pm

Grazka wrote:1. That means that in the AN form I should include 2004-2009 as my qualifying period instead of "last 5 years" as it is required in the form - is that correct? Should I attach some explanation letter about it?
Yes. You can add some notes on page 13.
2. Another issue is WRS as I am EU A8. I started working in 2010 so after I acquired PR and I did not register with WRS as I didn't need to exercise TR any more - is that correct?
Yes (if you have obtained PR).
3. Regarding funding as a student, since 2006 I was receiving studentship and got a letter from uni stating the figure I was paid every month. However earlier, between 2004 and 2005 I was self-funded student - basically I was suported by my husband (non-EU working outside of UK) - should I state I was self sufficient or supported by family member? Does it matter at all for the application? And which documents should I provide? My husband was paid on US account and I was also using it initially before I opened a bank account in here and was getting transfers from my husband's account.
As a student, you just need a signed self declared statement. You don't need to provide any proof to support that statement.
4. Between Oct 2005 and oct 2006 I was looking and applying for post-graduate studentships. I was obviously suported by my husband at that time and did not rely on any public funds. Is that again self-sufficiency or unemployment during which I nedded to be self-sufficient?
If you were self-sufficient during that time, you should provide evidence of CSI to cover that period and proof of income/savings.

If you are not in a rush to apply for BC, you may want to consider applying for EEA3 first using the evidence from 2004-2009, just to test if you got all the required documents. The application is free so you don't risk anything but it can take 2-3 months.

Grazka
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Post by Grazka » Mon May 13, 2013 2:08 pm

Thanks for your reply.

I was considering applying for EEA3 first but I'm not sure whether I can apply fo naturalisation immidiately after that or need to wait another year.
I also passed the Life in the UK test some time ago and would like to apply for naturalisation before new rules are in power.

Thanks again for your advice. I really apprecaite your time and effort to answer all my questions.

Jambo
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Post by Jambo » Mon May 13, 2013 2:46 pm

Grazka wrote:Thanks for your reply.

I was considering applying for EEA3 first but I'm not sure whether I can apply fo naturalisation immidiately after that or need to wait another year.
I also passed the Life in the UK test some time ago and would like to apply for naturalisation before new rules are in power.

Thanks again for your advice. I really apprecaite your time and effort to answer all my questions.
As I said, you can apply for EEA3 just to test your documents (2004-2009) for free and then without waiting for one year (but with the burden of submitting the documents again) apply for BC.

Grazka
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Post by Grazka » Fri May 17, 2013 11:25 am

Hi again,
As you kindly advised before, I've decided to play safe and apply for PR for myself and my family. This brought me back to you with several questions on my husband situation. I would be very grateful if you could advise on that.
Briefly about me, I'm EU citizen (A8) living in UK since May 2004. I believe, I acquired PR in May 2009 but didn't apply for confirmation.
My husband is non-EU. He arrived in the UK together with me and our son in May 2004. However, until February 2008 he was working with United Nations Organization that required him to work in the field mission outside UK. For all this time his home and family (me and son) were living continuously here in the UK. He was coming every 6 weeks for family leave for approximately 2 weeks and had 1 month annual leave he always spent with us. Does he qualify for PR under these conditions? Could you please advise? Many thanks. Grace

Plum70
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Post by Plum70 » Fri May 17, 2013 11:33 am

How long will you say your husband was absent from the UK (each year) between 2004 and 2008?

Where has been residing for 6 months per year from 2008 - present?

If he has been residing continuously in the UK from 2008 - present with absences of no more than 6 months per year, then it may be tidier to use this period of 5 years (Feb. 2008 - Feb. 2013) towards his PR.

Grazka
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Post by Grazka » Fri May 17, 2013 12:42 pm

Thanks for your prompt reply.

My husband was absent for most of the year between 2004 - 2009, roughly 9 months each year.
He finished working with United Nations in the end of Feb 2009 and on 1 March 2009 he arrived to UK and have been staying here since then.

He had been holding 5 year EEA family permit (FP) from 28 Feb 2008 to 28 Feb 2013.

If we use the period 2008-2013 (as per his FP) he was absent (working with UN) for exactly a year from 28 Feb 2008 to 28 Feb 2009 with 2 week breaks every 6 weeks. So in 2009 he was absent for 2 months, that is acceptable but in 2008 (28 Feb - 31 Dec 2008) he was absent around 6-7 months. To make it more complicated I can't exactly count these absences as his passport wasn't stamped on entry and exit from UK.

Since 2009 I believe I have PR. Is that helpful in my husband case?

Grazka
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Post by Grazka » Fri May 17, 2013 2:16 pm

Ups...I've messed up with dates in the first message I've sent you today.
In the main text line 4, second sentence should read:

"However, until February 2009 he was working with United Nations Organization......."

Apologies for any confusion it could cause ;)

Grazka
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Post by Grazka » Mon May 20, 2013 11:17 am

Hi there,

Could you please advise on my last post regarding my husband situation?

Could working for international organisation (United Nations) that required my husband to stay in the peacekeeping mission area for most of the time be considered as special circumstance or oversease posting and could be disregarded in the PR application?

I'm not sure how to deal with the fact that my husband's passport was not stamped on entry and exit from UK. He travelled very often and we cannot recall his absences, especially in 2008. Is there any way to check it with Border Agency?
Please advise. Many thanks.

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