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6+ years - Must I hold PR card for 12 months?

Posted: Mon Oct 31, 2016 11:40 am
by IBCOM1
Hi,

Background:
- I am a EU citizen
- I arrived in the UK in June 2010
- In June 2015 I was here 5 years
- In June 2016 I was here 6 years
- I received my document certifying permanent residency in August 2016 (referred to below as "PR card")
- A couple of weeks ago I passed the Life in the UK test
-I would like to apply for British naturalisation via Form AN

I have three questions:
1. When can I apply for naturalisation?
  • 1a. Immediately because I have exercised my EU residency rights of 5 years (reached in June 2015) and have had permanent residency status from June 2015 to June 2016, even though I only received my PR card in August 2016?

    1b. Only after having held my PR card for 12 months from the date I received it (so: August 2017)?
2. If I can apply immediately, can I apply lodging just the PR card and other documents asked for in the Naturalisation (Form AN) application? Or am I required to lodge all of the supporting documents I lodged with my PR application (therefore having to again prove my residency rights)?

3. On Form AN, at question 1.3, what should my answer be? The date I attained permanent residence (June 2015), the date at which I had held permanent residency status for 12 months (June 2016), or the date I received my PR card (August 2016)?

Form AN 1.3 reads:
Please say when you were given indefinite leave to enter/remain in the UK (not necessary if you are a Commonwealth citizen with right of abode in the United Kingdom). If you are an EEA national, a Swiss national or a family member of an EEA or Swiss national you should read pages 10 to 11 of the Booklet AN.

Thanks for your help here

IBCOM1

Re: 6+ years - Must I hold PR card for 12 months?

Posted: Mon Oct 31, 2016 11:49 am
by LilyLalilu
This depends on the evidence you used for your DCPR application.
If you sent evidence for a 5-year treaty right period which ended at least one year ago, you should be able to apply straight away as it is the date on which you automatically acquired PR which matters, not the issue date of the DCPR.
You need to check which PR date the caseworker has recorded in the Caseworker Information Database as this is the date the HO will go by - you can find the date by submitting a SAR to the UKVI (fast-track is fine) or by having the NCS phone the HO to find out the date.

2 - If they have a date recorded which is at least one year in the past, just submit your DCPR - they will just check your PR date on their database, no need to send all evidence again. (If they accidentally recorded the wrong date then you are screwed and cannot apply until one year after this date - unless you somehow manage to get it corrected)

3 - the date you automatically acquired PR (which in your case should be 06/15)

Re: 6+ years - Must I hold PR card for 12 months?

Posted: Mon Oct 31, 2016 11:57 am
by noajthan
Don't forget proof of residency in context of naturalisation is different from such proof in the context of acquiring PR. And is still required.

3) Or leave blank Q1.3 (which asks about ILR) blank and explain in additional info section of form as well as respond in the EEA section of form AN.

Re: 6+ years - Must I hold PR card for 12 months?

Posted: Mon Oct 31, 2016 10:04 pm
by Star30
Give u advice
Apply for SAR first to know what the exact time u acquired PR in their records
I came to Uk in 2009 and I have been working since then with no breaks and I had PR card in 2014 and I applied for SAR in 2015 so after 6 years from my arriving and excresing treaty right for 6 years but the surprise was the actual PR waited in their database was October 2016 I don't know or why so I applied in 2016 . So the acquired PR in thier cid is defferent from the one we think .

Re: 6+ years - Must I hold PR card for 12 months?

Posted: Thu Nov 10, 2016 5:54 pm
by IBCOM1
Thanks very much LilyLalilu, noajthan, and Star30

I ended up contacting my NCS who called UKVI, and got back to me with my date 5 mins later. The date ended up being September 2015 for some reason (not June 2015 when I first arrived), but i can apply for naturalisation immediately (which i am in the process of doing).

I also ended up submitting a SAR, but need to wait 20 days to get the same info the NCS provided within 5 mins.

Thanks again for all your advice!

Re: 6+ years - Must I hold PR card for 12 months?

Posted: Thu Nov 10, 2016 6:18 pm
by LilyLalilu
Out of interest - did you have to pay for an appointment with the NCS or did they just provide you with the date like when you phoned? If it was free, would you mind letting us know which NCS it was? :)

Re: 6+ years - Must I hold PR card for 12 months?

Posted: Fri Nov 11, 2016 5:20 am
by ohara
IBCOM1 wrote:I ended up contacting my NCS who called UKVI, and got back to me with my date 5 mins later.
That's interesting. As above, it would be good to know which council this is as it could come in very useful for a lot of members of this forum!

When I called my local council NCS, they refused to get my PR date until my appointment.

Re: 6+ years - Must I hold PR card for 12 months?

Posted: Fri Nov 11, 2016 11:29 am
by Angie77
I have just contacted Edinburgh NCS and they refused to give this information saying they are not able to get it.
They said the Permanent resident status depend on how long I have been exercising the treaty and rights in uk.
I Have sent evidence of being working for 6 years so hopefully they will have recorded right.

Re: 6+ years - Must I hold PR card for 12 months?

Posted: Fri Nov 11, 2016 12:16 pm
by Angie77
I will submit my SAR.
Does anyone know which form is correct? Standard subject? Fast track record? Fast track application?