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UK residence documentation for EEA national/naturalisation

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Johwilson
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UK residence documentation for EEA national/naturalisation

Post by Johwilson » Wed Nov 07, 2018 9:08 pm

My partner - who is Romanian - has a permit (blue form entitled Residence Documentation).
They have been here for 9 years and had the blue form for 8.

They are applying for naturalization and the UK naturalization form asks if you have a BRP - which is the blue residence form with chip as well. My partner does not have this. Do they need to apply for this first before applying for citizenship by naturalization and if so which version of this. There seem to be two diferent forms and two prices depending on whether you have leave to remain or indefinite leave to remain.

On the blue form it says no restrictions on working but does this count as indefinite leave to remain?
Can anyone help please?!

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alterhase58
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Re: UK residence documentation for EEA national/naturalisation

Post by alterhase58 » Wed Nov 07, 2018 9:19 pm

Does your blue card state "Permanent Residence" and/or do you have a letter stating this and the date. You cannot naturalise without PR. For BRP select "no" - you don't need this. There is only one fee for naturalisation.
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.

Johwilson
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Re: UK residence documentation for EEA national/naturalisation

Post by Johwilson » Thu Nov 08, 2018 2:34 pm

Thank you for your help. So we apply for PR before naturalization....thank you! Can I ask are you a regular on these boards? I have a question about the employment conditions of being here for 5 years and working. When does the five years start and finish. Is it the five years the five years right before your application? As I am not sure about the conditions and we didn't know about the need to have medical insurance - is it only medical insurance when not employed that is needed do you know? Do you know of any specific guidelines that the HO put out to determine what consists of continuous employment? Thanks in advance

Johwilson
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Re: UK residence documentation for EEA national/naturalisation

Post by Johwilson » Thu Nov 08, 2018 2:34 pm

No the card does not say Permanent Resident. It says No restrictions on Work.

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alterhase58
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Re: UK residence documentation for EEA national/naturalisation

Post by alterhase58 » Thu Nov 08, 2018 3:26 pm

Johwilson wrote:
Thu Nov 08, 2018 2:34 pm
No the card does not say Permanent Resident. It says No restrictions on Work.
Then you don't have PR - you have right of work anyway under EU Freedom of Movement.
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.

secret.simon
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Re: UK residence documentation for EEA national/naturalisation

Post by secret.simon » Thu Nov 08, 2018 3:30 pm

Your partner needs to apply for a Document Certifying Permanent Residence, which will be a similar blue car to what he has got, but with a sticker stating "Document Certifying Permanent Residence". If he has got one that says "Residence Certificate", he cannot apply for British citizenship.
Johwilson wrote:
Thu Nov 08, 2018 2:34 pm
When does the five years start and finish. Is it the five years the five years right before your application?
It can be any five years of continuously exercising treaty rights. That includes any combination of the following;
a) working
b) seeking work
c) studying or being self-sufficient with private health insurance for all non-British members of the family living in the UK.

Remember that s/he will need to wait for one year after the date of acquisition of PR as per Home Office records before applying for British citizenship. So, it would be best if s/he submits the oldest five continuous years worth of documentation for the DCPR.
Johwilson wrote:
Thu Nov 08, 2018 2:34 pm
is it only medical insurance when not employed that is needed do you know?
private health insurance is required for any period when the EEA citizen is not working or seeking work and is self-sufficient.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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alterhase58
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Re: UK residence documentation for EEA national/naturalisation

Post by alterhase58 » Thu Nov 08, 2018 3:36 pm

Johwilson wrote:
Thu Nov 08, 2018 2:34 pm
Thank you for your help. So we apply for PR before naturalization....thank you! Can I ask are you a regular on these boards? I have a question about the employment conditions of being here for 5 years and working. When does the five years start and finish. Is it the five years the five years right before your application? As I am not sure about the conditions and we didn't know about the need to have medical insurance - is it only medical insurance when not employed that is needed do you know? Do you know of any specific guidelines that the HO put out to determine what consists of continuous employment? Thanks in advance
It can be any 5 year continuous period of "exercising treaty right", i.e. employed, self-employed, student or self-sufficient. Medical insurance (CSI) is only required for students and self-sufficient. Check out the application form and guide:
https://www.gov.uk/government/publicati ... orm-eea-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.

Johwilson
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Re: UK residence documentation for EEA national/naturalisation

Post by Johwilson » Sat Nov 24, 2018 10:46 am

Hi there, thanks for your replies we are getting somewhere.
However, we don't have the exact date of application for my Romanian partner applying for the pink Accession Worker card (?/?/2009 applied) but we know it was granted in May of that year). We have the letter of issue, then we have the date of the blue registration certificate document a year later (applied for on proving a year's continuous employment as an au pair in accordance with the directive on EU 2 nationals).

In order to work as an au pair during the 2009 initial period I have seen some documents saying the requirement was for an Accession Worker's Card and others say it was not required. If there was a period before the card arrived when they were working as an au pair would this have been under a separate authorization (prior to the Accession Worker's Card arrival). Should we leave dates that we are unsure of in this section or be as accurate as we can? I have put in a SAR to Home Office for immigration data perhaps we should wait for that. Time is ticking though on Brexit and I am assuming all applciations will be paused / suspended if we crash out of EU in March.

Thanks for your consideration of my email - grateful for advice on this PR issue.

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