Naturalisation for EEA with PR card

[begemot]

Hi All,

After long few conversations with UKVI and reading all booklets, guidance and articles I would like to ask for help and clarification. Let start with a bit of background:

- Nationality: Polish
- Entry to UK: 03/2005 with continous employment since
- WRS registration completed right after then redone after change of job and turned into Residence Permit after a year
- Life in the UK and English passed last year
- Permanent Residence Card obtained on 08/11/2016 (provided to UKVI full service history since 2005)

UKVI Helpline is saying that I need to wait 12 months from the PR Card issue date unless in the letter attached to the card states that the Residence status started earlier. Letter have no mention of any dates. Helpline also suggested to writte a letter to UKVI to request records confirming Residence requirement has been met more than 12 months ago. Other worker suggested that the decision is "at the discretion of a case worker" - Can anyone confirm that? Do I need to wait 12 months from the Issue date? Do I need to request Fast Track or SAR to get the confirmation from UKVI database?

The articles I have read such as: https://www.freemovement.org.uk/eu-nati ... lications/
states that Permanent Residence is obtained after 5 year automatically and card is just a confirmation of it and pre-requisite for AN application.

In the meantime my EEA ID card that I have used for English Exam and PR card expired (Oct/2016) so the replacement has a different number (guidance suggest to use the same document as at the exam) - Do I need to mention that on AN application and also re-apply for PR to endorse new EEA ID Card/Passport?

Thanks in advance for all the answers,

B.

[noajthan]

Helpline is wrong and advising you contrary to the cleaner, purer EU law.

You may have acquired PR as early as 2010.
Therefore no need to wait any longer before naturalising under section 6(1) of BNA.
And if you have a British spouse no need to wait at all - apply under s.6(2).

It does not depend on HO/UKVI being kind enough to issue you a letter.

You can ofcourse try and request a SAR from UKVI.
And/or apply via NCS who can check your date of acquisition via 'secret' HO hotline.

Ofcourse you have a problem if its wrongly entered in CID (HO databanks) as some more recent date (eg as date of issue of DCPR or some random date, as has been reported by other members!).
Fight that battle if and when you get to it.

[begemot]

Thank you a lot for all the advice.
Just for the sake of my own budget I will go through NCS in my local area to avoid paying for nothing.
Hope the will be able to interogate UKVI database and provide the information I am looking for.
It is complete anoyance that they create a guidance that can be interpret as and when caseworker wishes.


Thank you,

B.

[noajthan]

Thank you a lot for all the advice.
Just for the sake of my own budget I will go through NCS in my local area to avoid paying for nothing.
Hope the will be able to interogate UKVI database and provide the information I am looking for.
It is complete anoyance that they create a guidance that can be interpret as and when caseworker wishes.

Thank you,

B.

To be fair to caseworkers it is Helpline that is issuing misleading advice.
Another example of a poorly thought out and poorly rolled out change; lack of training for concerned frontline staff & etc etc.

Regarding the EU Id for LITUK question; suggest include old and new EU ids if you have them.
And/or explain in a brief cover note.
It must happen all the time.

[Zhonor]

I trust noajthan more than the helpline lol ...

Ohara also applied based on PR acquisition date and citizenship was approved.

I will be applying based on my SAR PR acquisition date of Feb 2016 (qualify Feb 2017), I've already booked my NCS appointment next month so hopefully the NCS person doesn't tell me that I cannot apply until Oct 2017 (EEA PR issue date Oct 2016).

I am not sure if I should add a comment on my AN form to state that I acquired my PR in Feb 2016