Naturalisation - Evidence of lawful residence where PR was acquired in 2007

[christine761]

I am a French national and I was issued a Permanent Residence card on 15 November 2017. The covering letter confirmed that I acquired Permanent Residence on 1 April 2007. I have therefore applied for Naturalisation online as I acquired PR status over 10 years ago. I have an appointment with the Document Return Service tomorrow and the documents I am required to bring according to the document checklist include "Evidence of lawful residence during the 5 years before the date of the application". I thought this would only be evidence for the past 5 years (ie 2013 to 2018). However, the guidance in Booklet AN is confusing me as it says (p.9):

"you should normally have held permanent resident status for 12 months before applying for naturalisation. This means that you may need to wait until you have been in the UK for 6 years before you can apply. ... For example: If you apply for Permanent Residence on 1 January 2018 and want to apply for citizenship once that application is decided, you should send evidence that shows you were exercising Treaty rights as a qualified person or family member from 1 January 2010 to 1 January 2017."

Does this mean I need to send evidence with my Naturalisation application covering the period April 2002 - 2007 (as I acquired PR on 1 April 2007), or 2002 to 2018?

Thank you in advance for any help.

[secret.simon]

For naturalisation, you need to submit proof that
a) You hold PR.
b) You have resided in the UK for the past five years at least.

However, PR is lost if you have lived outside the UK more than two years.

Therefore, you should submit proof of your residence in the UK between 2007 and 2018.

[Hstepper07]

For naturalisation, you need to submit proof that
a) You hold PR.
b) You have resided in the UK for the past five years at least.

However, PR is lost if you have lived outside the UK more than two years.

Therefore, you should submit proof of your residence in the UK between 2007 and 2018.

Can I ask why OP would be required to send proof of residence since 2007 when PR was obtained ? OP is confused about holding PR status for 1 yr before applying. This is not applicable to OP as this requirement has alresdy been met.
NCS usually asks for PR/ILR and proof of residence for the last 5yrs for Naturalization. It is not stated anywhere in the guidance that an applicant has to provide over 5 yr documentation to prove that the ILR/PR is still valid.

[secret.simon]

Can I ask why OP would be required to send proof of residence since 2007 when PR was obtained ?

PR is lost if you have lived outside the UK more than two years.

So, not only would the OP have to prove the five years of residence immediately preceding the date of application, s/he would also need to prove that the PR was not lost between 2007 and 2013 by an absence exceeding two years.

It is not stated anywhere in the guidance that an applicant has to provide over 5 yr documentation to prove that the ILR/PR is still valid.

It does not have to be stated in the guidance. It is self-evident. Both ILR and PR lapse if absent from the UK for more than two years. You are required to have ILR/PR on the date of the application. If you acquired ILR/PR in the distant past, it falls to reason that you have to prove that the ILR/PR is still valid and has not lapsed due to prolonged absence.

[Hstepper07]

Can I ask why OP would be required to send proof of residence since 2007 when PR was obtained ?

PR is lost if you have lived outside the UK more than two years.

So, not only would the OP have to prove the five years of residence immediately preceding the date of application, s/he would also need to prove that the PR was not lost between 2007 and 2013 by an absence exceeding two years.

Ok. Was just asking as I had not come across this requirement. Is it also applicable to ILR holders in the same circumstance?

[secret.simon]

Ok. Was just asking as I had not come across this requirement. Is it also applicable to ILR holders in the same circumstance?

I would assume that it applies to both ILR and PR if the naturalisation application is made more than two years after the acquisition of ILR/PR.

ILR holders have it easier in that they are generally stamped in and out of the country on their passports and Immigration Officers make a judgement call on whether the ILR is still valid whenever the ILR holder non-EEA citizen re-enters the country. So, the level of additional proof required of ILR holders is lower, as their passport stamps are sufficient proof.

PR holders have the advantage of being waved through at the airport without stamping, but then they have to provide additional proof of residence in the UK during the naturalisation process.

[christine761]

For naturalisation, you need to submit proof that
a) You hold PR.
b) You have resided in the UK for the past five years at least.

However, PR is lost if you have lived outside the UK more than two years.

Therefore, you should submit proof of your residence in the UK between 2007 and 2018.

Thank you very much. I assume this is the case even though I already had to demonstrate that I had not lost PR between 2007 and my PR application last year?

The documentary requirements are different (for PR they accepted bank statements for years I did not have P60s, which are not accepted for naturalisation). I will try to supply NHS / HMRC letters for the years I do not have P60s.

[secret.simon]

I assume this is the case even though I already had to demonstrate that I had not lost PR between 2007 and my PR application last year?

I would treat it thus. The team dealing with nationality may not necessarily have access to the data processed for PR. Much better to provide the relevant data afresh. It is a "with an abundance of caution"/belt and braces approach.

The documentary requirements are different

Based on different laws (and entirely different legal systems), therefore different documentary requirements and expectations from applicants.

I will try to supply NHS / HMRC letters for the years I do not have P60s.

I think that (especially HMRC letters) should be acceptable, but wait for others to comment.

[christine761]

It is a "with an abundance of caution"/belt and braces approach.

Thank you very much, I really appreciate your quick advice given that my appointment is today!

[ajitk1]

Dear Christine,
I would not be concerned about 2007 until 2013. You got your PR confirmed in 2017. It means you were definitely PR from 2013. Even if it lapsed in the interim it does not matter as they consider you PR at the time of application in 2017. So go ahead, present documents proving residence from 2013 and all will be fine.

[ajitk1]

Too often reading too much between the lines there is confusion and stress.
I was told here various methods to prove 5 yrs residence in the UK and I struggled to garner documents some at a cost. When I went for NRS all they took were copies of 5 P60s. ~Saying the whole pile of documents is not required at all ~. Even the call centre was stupid and confusing giving contradictory advice. Even being told try bank statements, as case worker may consider it, etc etc. Told 2 pieces of ev idence like council letter per year is necessary. All baloney. 5 P60s did the trick.