EEA naturalisation with HO PR letter but no card

[EUexpat123]

Can anyone shed some light on the following question, ideally based on personal experience. I cannot find anything conclusive about it on the internet, of for that matter the guidelines.

In the case of an EEA national who applied for and obtained permanent residence in 2005 and has the original 2005 HO letter ‘granting’ PR (as well as what was then called a residence permit, useless and expired in 2010, but no current PR card or DCPR), would the original HO letter count as an official document proving s/he is free of immigration time restrictions at the time of application for naturalisation. All other criteria including demonstrable continuous residence since 2005 (e.g. through employer and/or HMRC letter and/or P60s) being satisfied.

The language in the AN form booklet is unclear.
On the one hand, on p6 ‘Immigration time restrictions’ it is stated “Usually there is a stamp or sticker in your passport, or you have a biometric residence permit, saying that you have indefinite leave to enter or remain or no time limit on your stay. But you may have a letter from the Home Office saying that you are free from immigration conditions.” Which would clearly apply here, since the 2005 HO letter states just that (“you have been granted permanent residence in the UK.”).

On the other hand, when discussing EEA nationals there seems to be a requirement of a PR card to prove PR status before applying for citizenship, and the AN form asks in 2.4 for the PR card number and date. The AN Guide says EEA nationals without “indefinite leave to remain in the UK” must complete sections 2.4-2.6 (though 2.5-2.6 have disappeared from Form_AN_02-17). It should be that in this context, ILR and PR are equivalent and used interchangeably, with ILR used to avoid contradicting the need for a PR card for EEA nationals without a formal recognition of their PR right. But it’s not clear.

Not accepting the HO letter granting PR would put the EEA national at a disadvantage compared to a non-EEA applicant in a similar position, and would obviously cause extra work for the Home Office. This would seem to violate the HO justification for the PR card requirement for EEA naturalisation applicants (see e.g. the HO FOI response in https://www.whatdotheyknow.com/request/ ... ing-595594).

Nonetheless, things are not clear and it would be good to have certainty before committing to the £1236 fee or whatever it will increase to next. The situation is probably unusual enough that a local NCS is unlikely to have a clear view (in fact, they might even resist putting through the application).

Any help or guidance on this question would be tremendously appreciated, ideally by someone who has been in this or a similar position post the November 2015 procedural changes. Also, any confirmed HO email (or physical) address where a reasonably swift reply to the above question might be expected.

Many thanks in advance.

[alterhase58]

My own case doesn't exactly match yours, but very similar:
I received my Home Office letter giving me indefinite leave to remain in 1985, I also had a residence card (blue trifold), stamped with ILR, also an old passport stamped likewise. I submitted the letter and card (via NCS) and there was no issue, received approval after two months.

NCS people probably won't have seen many of these but as long as it officially states the indefinite leave has been granted they will accept it. The PR card is only confirmation that you have got PR, but in your case no need to apply, you already got it.

At the time I did phone the HO "helpline" and they actually confirmed verbally that any such document will be accepted. We know the helpline is not exactly reliable but ok in my case.

The current PR cards are issued under the 2006 EEA regulations but you were fortunate in getting ILR just before then. From experience on this board it is very difficult getting any official confirmation of how individual circumstances will be handled. But I believe you are on safe grounds - don't lose that letter!

Hope it works out for you - good luck!

[EUexpat123]

@alterhase58 Thank you very much for your helpful reply, it's a positive sign and hopefully there will not be any problems. I will also try to get some kind of written confirmation from HO in advance but as you pointed out this seems to be very difficult if not impossible, and what they may say over the phone is not binding.

You are also right about 2005, things were easier then, I should have got my act together and got citizenship too but did not need it so decided to save a few quid... The HO were surprisingly helpful too, when I apply for PR I sent them a self addressed special delivery letter to get my documents back, but they didn't like the flimsy envelope and substituted it with a sturdier one and paid for special delivery themselves, returning my stamps too! Somehow I can't see it happening now.

Just one more quick question if you remember, did you have to somehow document your continuous presence in the UK for the whole period from 1985 to your application or you just did it for a shorter period?

If someone else could reinforce the message (that the HO PR letter is fine and no card is needed) through their experience or otherwise it would be great. Or give bad news as it may be, better safe than sorry.

Thanks again!

[alterhase58]

Just one more quick question if you remember, did you have to somehow document your continuous presence in the UK for the whole period from 1985 to your application or you just did it for a shorter period?
For BC you just have to document employment history going back 10 years from application date and also absences going back five years from application date.

If someone else could reinforce the message (that the HO PR letter is fine and no card is needed) through their experience or otherwise it would be great. Or give bad news as it may be, better safe than sorry.
The general message from the more experienced members and moderators on here is that all officially confirmed ILR is accepted for BC application. It's also one of the first questions when lng-term EU residents come on to enquire about PR and/or BC. I think there was a member recently who had applied for the PR card and included an ILR letter he had received previously ....