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Posted: **Sun Jun 15, 2014 5:32 pm**

Hi guys,

I am new to this forum and looking into the questions and answers I find this forum to be an excellent resource. Great stuff

I am looking for some advice on my naturalization process. I am Italian and I have been living and working in UK since March 2008. As I understand I should have permanent residence after 5 years of exercising treaty rights in UK.
However I had applied for my permanent residence card (filling up EEA3) and received it on May 2013. I thought I could use my permanent residence card as a proof for naturalization but it turns out that I need to hold the permanent residence card for one year since the date it was issued (May 2013).
I know I can apply for naturalization without the permanent residence card by providing my P60s (for last 6 years). I have got two questions:
1) In the last year 6 years (exercising treaty rights in UK) I have been taking a few breaks (not more than a month) in my employment. Is that an issue?
2) Are there any chances of rejection because I don’t have a 1 year valid permanent residence card, or should I wait and hold on to my permanent residence card for a year.
Thanks in advance.

Posted: **Sun Jun 15, 2014 5:57 pm**

It's June 2014 now. 12 months have passed so you can apply.

I wouldn't worry about the breaks and stuff as you've already been issued with PR confirming it's all good. Someone correct if I'm wrong? Can they go back on their decision?

Posted: **Mon Jun 16, 2014 10:07 pm**

Thanks badratio for your quick reply.
My apologies I meant I had received my permanent residence card (filling up EEA3) on May 2014, so one year would be on May 2015.
So do I have to wait one year? Or the fact that UKBA has issued a permanent residence card implies that everything is alright and I can apply now for my naturalisation.

Posted: **Tue Jun 17, 2014 3:21 pm**

Q5: I'm a EEA national/family member of EEA national. When can I apply for naturalisation?

Under EEA regulations, Permanent Residence status is obtained automatically after 5 years of exercising treaty rights. You need to hold PR status for 1 year to be eligible for naturalisation (unless you are married to a BC) so effectively you can apply after 6 years of residence in the UK. Having a PR Confirmation (following EEA3/EEA4 application) is optional and is not required in order to apply for naturalisation.

You have two options:

1. Apply after 6 years in the UK. This includes 5 years of exercising treaty rights + 1 year with PR. You will need to provide proof of the 5 years (similar to what is needed in EEA3/EEA4 application). Form AN has a specific section (Q2.4-2.6) for such application.
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required.

If you hold a PR Confirmation for less than 1 year but have lived in the UK for 6 years, you can apply using option (1). The PR confirmation can only be used if you apply 1 year after the issue date. The reason is that the PR Confirmation only contains one date - issue date. It doesn't state when the PR status was actually acquired. If you want to use a PR date prior to the issue date, you will need to provide treaty rights proof to prove it.

Hope this helps.

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