Naturalisation after 5.5 years for EEA National?

[Dimik]

Hello together,

I have been reading a lot about this topic, in particular the article https://www.freemovement.org.uk/eu-nati ... lications/ caught my eye, where it states, that it is apparently necessary to be in the UK for actually 6 years to apply for naturalisation.

My question is, if I live in the UK for 5.5 years as German national, just recently received my permanent residence card, what happens if I NOW apply for citizenship?

As per the article there is apparently the need to have the permanent residence status for 1 year, i.e. being in the UK for 6 years, however the Booklet AN uses words like "you should NORMALLY have held the status for 12m" and "this means you MAY need to wait until you have been in the UK for 6 years".
These words "normally, may" are not definitive, so I guess my question is what happens if I send the application for citizenship after 5.5 years? Will it be bluntly rejected and do I lose the 1200 GBP application fee or can it be accepted and the words "normally and may" are not definitive and hence its not a law.

Does any of you have experiences with this?

Thank you very much in advance!
Dmitri

[CR001]

It will be refused. Unless you are married to a British citizen, you must have held PR status for a full 12 months.

The AN form and booklet is used for many routes to BC, and therefore a spouse of a British citizen is NOT required to hold 'settled' (ILR/PR) for 12 months.

Anyone else, the 12 month rule applies and effectively means you must have 6 years residence, 1 year of which is PR status.

[Dimik]

Dear Char,

Thank you very much for the quick reply. Just out of curiosity, what would happen with the application fee? I would simply lose the 1200 GBP?

And final question: since I have completed all the paperwork, can I just wait 6 months and send it then? Or would the date (December 2016) on the papers (like referees declaration etc.) considered to be too old by Summer 2017?

Thank you very much once again!

[alterhase58]

You might get a refund of £80 which covers the Citizenship Ceremony which you clearly wouldn't attend if your application is refused.

Regarding the referees, I believe they are valid for six months, but shouldn't be a problem to get those pages re-signed as you know them (but I stand corrected if timing not correct).

Just one point to watch - you may have covered it already: the date on the PR card normally is the date of issue of the card, not the date when you actually acquired PR which you need to put on the application form. If you don't have that date then it may be obtainable through SAR processor or when you go to NCS to do the submission.

[Casa]

Also be aware that the UKVI may update the application form in April 2017.

[LaLeLu85]

Regarding the referees, I believe they are valid for six months, but shouldn't be a problem to get those pages re-signed as you know them (but I stand corrected if timing not correct).

I can confirm the six months.

[Dimik]

Also be aware that the UKVI may update the application form in April 2017.

Thank you very much for that, this is a good point. So I will need to refill the entire form in that case (or at least the updated pages).

You might get a refund of £80 which covers the Citizenship Ceremony which you clearly wouldn't attend if your application is refused.

Regarding the referees, I believe they are valid for six months, but shouldn't be a problem to get those pages re-signed as you know them (but I stand corrected if timing not correct).

Just one point to watch - you may have covered it already: the date on the PR card normally is the date of issue of the card, not the date when you actually acquired PR which you need to put on the application form. If you don't have that date then it may be obtainable through SAR processor or when you go to NCS to do the submission.

Yes, thank you very much. I am aware that not the date on the PR card is relevant but the date = 5 years in the UK. Which in my case is roughly 4-5 months before the issuance of the PR.

[noajthan]

As you have deduced, the guidance and UK Gov website are not the law.
The law is the law.
Freedom from immigration time restrictions is required for 12 months if making a s. 6(1) of BNA application.
That is unless blessed with a British spouse and applying under s.6(2).

If you apply at the wrong time the fee is forfeited.

Referees expire after 6 months.
If one slips through the net HO would request a fresh referee.

[ohara]

Also be aware that the UKVI may update the application form in April 2017.

Thank you very much for that, this is a good point. So I will need to refill the entire form in that case (or at least the updated pages).

There is normally a 1 week grace period after the issuance of a new form where the old form is accepted.

Also, even after that 1 week period, they will normally accept an application where the referees section from the old form is included (provided it has not changed in the new form).

The AN form was updated not long before I applied; I already had the referees section completed by both referees and it was well within 6 months so I completed the new form but included the already completed referees section from the old form and it wasn't a problem.