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Residency requirementss, any 5 years ?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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SonJohnBoris
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Residency requirementss, any 5 years ?

Post by SonJohnBoris » Mon Nov 05, 2018 9:50 pm

Apologies if this has been asked before, but I searched this and other sources for an answer with no luck. What is the residency requirements for EU nationals to be naturalised? I have leaved in the UK since 2001. Do I have to prove my exercising treaty rights for a) the entire 18 years period, b) for the last 5 years or c) for any continuous 5 years period? I called the home office help line and, to my surprise, I was told that it was c). I asked for a normative reference but the person was unable to respond. The operator was frustrated and mentioned that the call was recorded and gave me a reference number for the recording which -he claimed- I could use as a reference. Is this EU legislation, UK national law or regulation? Thanks

vinny
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Re: Residency requirementss, any 5 years ?

Post by vinny » Tue Nov 06, 2018 1:51 am

c) is correct. After acquiring PR, you should show that you haven’t been absent continuously for over two years.
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alterhase58
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Re: Residency requirementss, any 5 years ?

Post by alterhase58 » Tue Nov 06, 2018 9:32 am

Do you have any kind of indication from the Home Office that you have "indefinite leave to remain", such as stamps in passport, letter(s) from Home Office, etc. If so then you may not have to apply for the PR document under the 2006 regulations. Note that naturalisation comes under British nationality laws which is UK domestic, not connected with EU regulations.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

SonJohnBoris
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Re: Residency requirementss, any 5 years ?

Post by SonJohnBoris » Tue Nov 06, 2018 10:16 pm

vinny, many thanks, that is exactly what I was looking for. What concerns me is that the online application forces me to lie as I would use the 5 years out of those during which I was employed, rather than those years when I was self employed. The answer to the questions "have you ever been self employed" or "date you first entered the UK" would not be a true statement.

alterhase58, I do not recall receiving anything from the HO nor having my passport stamped. Any other route I could explore? I have an ni number since 2001, paid tax every year and submitted a self assessment tax return for the last 5/6 years, paid council tax every year. Thanks!

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alterhase58
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Re: Residency requirementss, any 5 years ?

Post by alterhase58 » Tue Nov 06, 2018 10:45 pm

In that case the only way is to apply for the PR document - there are no exceptions for length of residency or continuous employment, or similar. Both employment and self-employment come under "exercising treaty rights" which is needed for PR.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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