Neutralisation as an EU citizen

[ngparos]

Hi everyone,

I would like to get some information if I am eligible to apply for neutralisation as a British citizen. I am a Cypriot citizen, I moved to the UK when I was 13 with my family in 2005. Since then I lived in the UK and went to school here. I have a settled status and I am now 21 and study in university. My parents moved back and I live alone in the UK.

I want to know whether I am eligible to apply for neutralisation or not. I don't work, I am just a student. I have settled status simply because my mum was self-employed here and I settled with her until I went off for university. Application forms seem to be only for working people.

Should I seek solicitor advice in order to do the forms?

Thanks everyone

[Amber]

I assume you've got a PR card, in such case you' should be able to apply straight away, assuming you've had PR for 12 months and you meet the other standard requirements (click).

Use the Nationality Checking Service (click) rather than a solicitor, there is no requirement to be in employment.

[ngparos]

I do not have a RP card. I am an EEA (Cyprus) citizen and never needed the RP card in the UK. Can't I apply without having it? I thought an EEA ID works same as RP.

[Amber]

You can apply without it but you've got to supply evidence that you have attained PR.

[ngparos]

That's new information for me! I thought the day when an EU citizen enters in the UK they have the right to settle here. Well thanks for your reply.

[Amber]

As a general rule, an EEA citizen attains the right of permanent residence after exercising treaty rights for a continuous period of 5 years in the UK, subject to the rules that were in force at the time in which you were in the UK.

SECTION 4 Evidence of settlement for applicants from Switzerland or the European Economic Area or their non-EEA direct
family members see page 8 – 10 of the Booklet AN
• Your valid passport or valid EEA national identity card as evidence of your nationality; AND
• A document certifying permanent residence or a permanent residence card issued by UKBA
Further information on how to apply for a document certifying permanent residence or a permanent residence card free of
charge from UKBA can be found on the UKBA website.
Please Note: Whilst the submission of a document certifying permanent residence or a permanent residence card is not
mandatory, failure to submit one may lead to delays in reaching a decision on your application. If you do not provide a document
certifying permanent residence or a permanent residence card then you must provide the following for consideration:
• Evidence of exercising Treaty Rights for 5 years for the relevant EEA national. This may include:
o Confirmation of tax payment for individuals who are self-employed / business person
o Confirmation of payslips/P60 for workers
o Confirmation of enrolment and attendance of an accredited course for Students
o Evidence of funds and comprehensive sickness insurance for self sufficient persons and students
o Evidence of state pension (not occupational pension) for retired person.
o Medical report if permanently incapacitated
• Evidence of five years continuous residence in the UK
• If applying as the direct family member of an EEA national, evidence of relationship to that EEA national.

[ngparos]

Thanks for your help! So I should apply for a permit as soon as possible. Seems I'll wait another year to apply for neutralisation.

[Amber]

Not necessarily, if you attained PR in 2010 then you can apply now (subject to the other requirements) if you have evidence, you do not need to get a PR card.

[ngparos]

Doesn't the fact that I can vote in all elections in this country show that I have permanent residence. I know it's not a legal evidence but I can vote in all elections in the UK. Since I was 18, I live on student loans and I don't have a limit on how many days I can leave or enter the country. I cannot think of any other evidence which may be shown for my residence. I just have been enrolled in a school then in a university.

[Amber]

Evidence that your parent/s were qualified persons i.e. self employed and that you were resident in the UK during the prescribed period i.e. letters from school etc.. When did your parents move back to Cyprus?

See EEA and Swiss Nationals (click)

[ngparos]

It's only my mum, my dad isn't an EEA national and he never lived in the UK. My mum moved back only 4 months ago.

[Amber]

Then supply evidence that your Mother, an EEA national, was self-employed i.e. HMRC records/correspondence and that you were resident during the prescribed period.

If your mother stays out the UK for 2 or more years she may lose her PR status.

[ngparos]

Thanks for your help. I don't think my mum is planning to move back to the UK anytime in near future.