DCPR/PR card no longer mandatory for naturalisation as BC?!

[LilyLalilu]

Has anyone else read this?!

https://www.freemovement.org.uk/form-up ... h-citizen/

[noajthan]

@Lily, I can't read the site today, its asking for registration; can you post a brief quote?

UK webpage has pre-Brexit requirements including DCPR listed:
https://www.gov.uk/becoming-a-british-citizen

Form on Gov UK website does now state that a DCPR is not mandatory but that lack of one can cause delays (form dated July 2016):
https://www.gov.uk/government/uploads/s ... _07-16.pdf
- page 29

[LilyLalilu]

"Form AN for applying to naturalise as a British citizen has just been updated to state that a permanent residence certificate or card is NOT mandatory for EEA nationals and their family members. It now says:

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… [lists types of evidence]

The old version (June 2016) used to say on the same page:

SECTION 4 Evidence of settlement for applicants from Switzerland or the European Economic Area or their non-EEA direct family members see pages 10 to 11 of the Booklet AN
Your valid passport or valid EEA national identity card as evidence of your nationality; And
A permanent residence card issued by UKVI
Further information on how to apply for a permanent residence card and the current fee, can be found on the Gov.uk website, at this link.

I was not aware by any other means of a change of law or policy on this, which is very confusing and indeed confused. It looks like the change in November 2015 to require permanent residence certificates and cards to be provided by EEA nationals and their family members may have been reversed.

Source: Application to naturalise as a British citizen: form AN – Publications – GOV.UK"
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All very peculiar, did not get a chance to look at the AN guide myself yet but will do so later.
Maybe they are backtracking because the EEA team is inundated with applications?!
However, as before the Nov 2015 change it's probably still advisable to get a DCPR unless one has an absolutely clearcut and straightforward case.

[noajthan]

"Form AN for applying to naturalise as a British citizen has just been updated to state that a permanent residence certificate or card is NOT mandatory for EEA nationals and their family members. It now says:

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… [lists types of evidence]

...

I was not aware by any other means of a change of law or policy on this, which is very confusing and indeed confused. It looks like the change in November 2015 to require permanent residence certificates and cards to be provided by EEA nationals and their family members may have been reversed.

Source: Application to naturalise as a British citizen: form AN – Publications – GOV.UK"
------------------------
All very peculiar, did not get a chance to look at the AN guide myself yet but will do so later.
Maybe they are backtracking because the EEA team is inundated with applications?!
However, as before the Nov 2015 change it's probably still advisable to get a DCPR unless one has an absolutely clearcut and straightforward case.

Thanks for sharing.

Agreed, DCPR may still be advisable, not only in order to reduce potential delays during processing but also to 'test the water' before shooting for the privilege of citizenship (and putting a considerable application fee at stake).

[tresgoya]

this is such a wonderful news, even if it's advisory and likely they can deny application without PR just to make some extra few bucks...but still!

Wonder if this could have had an effect on my passport being sent back to quickly. Maybe they are trying to get rid off the increased EEA PRs at a faster pace now..

[Obie]

The difficulty is there is a regulation in place. There has been no court decision striking it down, neither has the Secretary of State repealed that 2015 regulation.

In the absence of that, I will continue to advise potential applicant to apply first for PR, unless they are citizens of the Republic of Ireland, for whom specific and exceptional provision applies.

[vinny]

Are they implicitly admitting that the regulation requiring permanent residence cards for EU citizens may have been unlawful in the first place?

[Obie]

Are they implicitly admitting that the regulation requiring permanent residence cards for EU citizens may have been unlawful in the first place?

Thanks for putting the appropriate link to my post.

For reason which i have given in other post, the regulation is at least 50% unlawful, and to some extent contradictory and cause more problem in an area where no problem exist.

I know of a could who was wrongly refused British Passport, because the passport office said the person did not have a PR card on the birth of their child, and therefore the child must be registered.

It took a JR application to get the government passport office to issue the passport.

For as Long as the EEA regulation does not require a person to have PR card for their status to exist, and for as long as Schedule 2 provides that a person with a right of Permanent Residence right , and not permanent Residence should be treated as settled for the purpose of the Nationality Act 1981 and the Immigration Act 1971, that Regulation is at leave arguably unlawful. The test for the grant of Judicial review to challenge it is clearly met, in my opinion.

[Obie]

Interesting somehow that the UKVI website appears to lean in the direction of the regulations.

https://www.gov.uk/becoming-a-british-c ... -can-apply

[nosana1]

There is an update on the update

'UPDATE: A Home Office source says that the update is a mistake, incredibly.'

Cited from https://www.freemovement.org.uk/form-up ... h-citizen/

[Obie]

Makes no sense. It cannot be a mistake when there is a specific law, which went through parliament. Unless they are conceding that the law may be wrong.

[ohara]

So is DCPR still required or not then? I am confused

[ohara]

Just to add, it seems HO have retracted the June 2016 form. Even the direct link to the new form now goes to the January version of the form.

I expect a revised version of the June 2016 form will be released shortly.

[britkiwi]

I read through the guidance notes for the AN form this morning and the booklet that goes with it still says in there that you should send in a PR card with an application for naturalisation as a BC.

I'm going to be applying for PR through me being an EEA national- then eventually naturalisation and I'm not willing to take the chance of sending off an naturalisation application without an PR card in the application.

I would rather lose £65 than in excess of £1000 later on should any of the applications be unsucessful.

[Casa]

I read through the guidance notes for the AN form this morning and the booklet that goes with it still says in there that you should send in a PR card with an application for naturalisation as a BC.

I'm going to be applying for PR through me being an EEA national- then eventually naturalisation and I'm not willing to take the chance of sending off an naturalisation application without an PR card in the application.

I would rather lose £65 than in excess of £1000 later on should any of the applications be unsucessful.

Very wise considering that the HO appear to have now stated that the update was in error and retracted the July 16 form.

[vinny]

Makes no sense. It cannot be a mistake when there is a specific law, which went through parliament. Unless they are conceding that the law may be wrong.

They probably read your post.

[Obie]

Vinny you are just being polite.

It don't think UKVI takes any notice of my comment, otherwise they will change their unlawfull laws and policies which are ca using hardship and misery to scores of people, if not thousands.