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Right so.. I'm Polish and I came to the UK February 2004 at the age of 10. I came with my mother, who is not naturalised, and have lived here since. I'm now 22 and will be starting my final year at university in September.

Now, I don't understand what rules apply to me when it comes to naturalising.. Do I have to get a Permanent Residence card/document and wait 1 year? Or am I already excising my ILR rights? Or does my mother have to get naturalised first then I register (but I'm no longer a child so I doubt this is vaild)?

Thanks

You will need to apply for a PR card before naturalisation.

Has your mother exercised treaty rights for any five consecutive years between 2004 and 2015? If so, you would have acquired PR automatically by being her descendant under the age of 21.

If so, you can apply immediately for naturalisation after getting the DCPR as you will also have completed one year after acquiring PR.

So, it all revolves around proof of your mother's acquisition of PR.

To the mods: Possibly worth a move to the EEA-Applications Forum as it would involve queries about DCPR more than naturalisation.

secret.simon wrote:You will need to apply for a PR card before naturalisation.

Has your mother exercised treaty rights for any five consecutive years between 2004 and 2015? If so, you would have acquired PR automatically by being her descendant under the age of 21.

If so, you can apply immediately for naturalisation after getting the DCPR as you will also have completed one year after acquiring PR.

So, it all revolves around proof of your mother's acquisition of PR.

To the mods: Possibly worth a move to the EEA-Applications Forum as it would involve queries about DCPR more than naturalisation.

Ah okay, what are the requirements for excising treaty rights?

And sorry if this is in the wrong forum.

Moved to EEA forum.

eatingandsleeping wrote:Ah okay, what are the requirements for excising treaty rights?

And sorry if this is in the wrong forum.

If you acquired PR via mom then its all about all mom's timeline and activities as a qualified person in UK.
What did she do and when? (work, study, jobseek or etc?).

I assume mom may be an A8 national;
if so, and she was working during/before 2011, was your sponsor/parent registered, fully and properly for WRS?

See more on qualified persons here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Have you or mom enjoyed any prolonged absences from UK?

Your role is as a direct family member sponsored by mom.
All you had to do is live your life whilst sponsor exercised treaty rights.

More here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

You can get up to speed on the whole free movement thing and how it is you got to live here, here:
http://ec.europa.eu/justice/policies/ci ... nt_low.pdf

If by some unfortunate circumstance mom was not a qualified person and you haven't acquired PR through her activity in UK then you will have to acquire settled status in your own right (unless you have another potential sponsor).
To acquire PR by yourself you would have to have had CSI in place whilst you have been a student in order to keep your own PR clock running;
(let's cross that bridge if we get to it).

Either way, (either sponsored ior in own right), you just need to identify a 5 year qualifying period in which PR was acquired and back it up with rock-solid documentary supporting evidence.
You can then apply for DCPR which is one mandatory prerequisite for the privilege of citizenship.

noajthan wrote:

eatingandsleeping wrote:Ah okay, what are the requirements for excising treaty rights?

And sorry if this is in the wrong forum.

If you acquired PR via mom then its all about all mom's timeline and activities as a qualified person in UK.
What did she do and when? (work, study, jobseek or etc?).

I assume mom may be an A8 national;
if so, and she was working during/before 2011, was your sponsor/parent registered, fully and properly for WRS?

See more on qualified persons here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Have you or mom enjoyed any prolonged absences from UK?

Your role is as a direct family member sponsored by mom.
All you had to do is live your life whilst sponsor exercised treaty rights.

More here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

You can get up to speed on the whole free movement thing and how it is you got to live here, here:
http://ec.europa.eu/justice/policies/ci ... nt_low.pdf

If by some unfortunate circumstance mom was not a qualified person and you haven't acquired PR through her activity in UK then you will have to acquire settled status in your own right (unless you have another potential sponsor).
To acquire PR by yourself you would have to have had CSI in place whilst you have been a student in order to keep your own PR clock running;
(let's cross that bridge if we get to it).

Either way, (either sponsored ior in own right), you just need to identify a 5 year qualifying period in which PR was acquired and back it up with rock-solid documentary supporting evidence.
You can then apply for DCPR which is one mandatory prerequisite for the privilege of citizenship.

Right so, does my mom need to apply for a DCPR also? Or am I able to apply for one without her doing so and simply using evidence of her being eligible? I'm assuming it'll be easier if she applies too?

eatingandsleeping wrote:Right so, does my mom need to apply for a DCPR also? Or am I able to apply for one without her doing so and simply using evidence of her being eligible? I'm assuming it'll be easier if she applies too?

Well its not compulsory but with all this wild talk of Brexit, mom may want to be more sure of her position in UK.
if so yes, apply together, and get a DCPR each.

If for some reason she does not wish to do so then you may apply alone (but with mom as your sponsor).

noajthan wrote:

eatingandsleeping wrote:Right so, does my mom need to apply for a DCPR also? Or am I able to apply for one without her doing so and simply using evidence of her being eligible? I'm assuming it'll be easier if she applies too?

Well its not compulsory but with all this wild talk of Brexit, mom may want to be more sure of her position in UK.
if so yes, apply together, and get a DCPR each.

If for some reason she does not wish to do so then you may apply alone (but with mom as your sponsor).

Okay great, quickly double checked and turns out my mum has been exercising treaty rights for atleast 5 years, just by working(which is fine right?).

Can I just ask, what is a CIS?

eatingandsleeping wrote:Okay great, quickly double checked and turns out my mum has been exercising treaty rights for atleast 5 years, just by working(which is fine right?).

Can I just ask, what is a CIS?

Good start.
Yes a worker is a qualified person.
If mom IS an A8 national, (and I sense she may be because you are), then was she also registered for WRS if working before May 2011?

No idea what CIS is.
But CSI is comprehensive sickness insurance.
It is required by students and self sufficient qualified persons to help show they are not an undue burden on the state social assistance system.

noajthan wrote:

eatingandsleeping wrote:Okay great, quickly double checked and turns out my mum has been exercising treaty rights for atleast 5 years, just by working(which is fine right?).

Can I just ask, what is a CIS?

Good start.
Yes a worker is a qualified person.
If mom IS an A8 national, (and I sense she may be because you are), then was she also registered for WRS if working before May 2011?

No idea what CIS is.
But CSI is comprehensive sickness insurance.
It is required by students and self sufficient qualified persons to help show they are not an undue burden on the state social assistance system.

She has been working before May 2011, and yes she is an A8 national. She doesn't know whether shes WRS, however she did register with the home office before beginning work if that counts?

eatingandsleeping wrote:She has been working before May 2011, and yes she is an A8 national. She doesn't know whether shes WRS, however she did register with the home office before beginning work if that counts?

Sounds promising. Especially the bit about registering with HO.

It was compulsory for all A8 nationals to register with WRS in the first 12 months of work in UK (unless exempted).
And it was critical to re-register if changing jobs in that first 12 months.

You need to find that WRS certificate; think of it as your Willie Wonka 'golden ticket' if you will.

Worst case if you can't find that vital proof of WRS status, suggest try contacting the WRS bureau:

Here is the email address for WRS-related enquiries: workerregistration.scheme@homeoffice.gsi.gov.uk

noajthan wrote:

eatingandsleeping wrote:She has been working before May 2011, and yes she is an A8 national. She doesn't know whether shes WRS, however she did register with the home office before beginning work if that counts?

Sounds promising. Especially the bit about registering with HO.

It was compulsory for all A8 nationals to register with WRS in the first 12 months of work in UK (unless exempted).
And it was critical to re-register if changing jobs in that first 12 months.

You need to find that WRS certificate; think of it as your Willie Wonka 'golden ticket' if you will.

Worst case if you can't find that vital proof of WRS status, suggest try contacting the WRS bureau:

Here is the email address for WRS-related enquiries: workerregistration.scheme@homeoffice.gsi.gov.uk

Okay great! Thanks for your help, I will probably have some questions once this is all sorted haha. Good night!

noajthan wrote:

eatingandsleeping wrote:She has been working before May 2011, and yes she is an A8 national. She doesn't know whether shes WRS, however she did register with the home office before beginning work if that counts?

Sounds promising. Especially the bit about registering with HO.

It was compulsory for all A8 nationals to register with WRS in the first 12 months of work in UK (unless exempted).
And it was critical to re-register if changing jobs in that first 12 months.

You need to find that WRS certificate; think of it as your Willie Wonka 'golden ticket' if you will.

Worst case if you can't find that vital proof of WRS status, suggest try contacting the WRS bureau:

Here is the email address for WRS-related enquiries: workerregistration.scheme@homeoffice.gsi.gov.uk

Hi! So turns out we found her WRS certificate, its from 2008. She's worked since 06-07 as self-employed and then in 08 she was employed by an employer. She has P60's from 06 all the way up to now. So my question is, should we start the 5 year period from 08(when she registered with WRS) or from 06 when she started working?

Also, as her son do I just have to send in my birth certificate + passport to prove relationship? I'm 22 now, but during that period of time I was her child. And would the birth certificate need to be translated?

Thanks for all your help!

eatingandsleeping wrote:Hi! So turns out we found her WRS certificate, its from 2008. She's worked since 06-07 as self-employed and then in 08 she was employed by an employer. She has P60's from 06 all the way up to now. So my question is, should we start the 5 year period from 08(when she registered with WRS) or from 06 when she started working?

Also, as her son do I just have to send in my birth certificate + passport to prove relationship? I'm 22 now, but during that period of time I was her child. And would the birth certificate need to be translated?

Thanks for all your help!

Just add all the timelines to the form.
Caseworker will figure it out.

You can add a cover letter pointing out what you think is the relevant period if you wish.
The supporting evidence needs to be rock-solid whether from 2006: self-employed;
or from 2008 as a worker.

if mom changed employers in first 12 months a a worker did she re-reregister as required?

Yes, when under 21 you just need to prove relationship and identity, so passport/bc.

noajthan wrote:

eatingandsleeping wrote:Hi! So turns out we found her WRS certificate, its from 2008. She's worked since 06-07 as self-employed and then in 08 she was employed by an employer. She has P60's from 06 all the way up to now. So my question is, should we start the 5 year period from 08(when she registered with WRS) or from 06 when she started working?

Also, as her son do I just have to send in my birth certificate + passport to prove relationship? I'm 22 now, but during that period of time I was her child. And would the birth certificate need to be translated?

Thanks for all your help!

Just add all the timelines to the form.
Caseworker will figure it out.

You can add a cover letter pointing out what you think is the relevant period if you wish.
The supporting evidence needs to be rock-solid whether from 2006: self-employed;
or from 2008 as a worker.

if mom changed employers in first 12 months a a worker did she re-reregister as required?

Yes, when under 21 you just need to prove relationship and identity, so passport/bc.

Great! She did not change employers.

Any idea if my birth certificate will need to be translated as its in Polish?

eatingandsleeping wrote:Great! She did not change employers.

Any idea if my birth certificate will need to be translated as its in Polish?

Yes, it will; PR guidance is clear on that.

noajthan wrote:

eatingandsleeping wrote:Great! She did not change employers.

Any idea if my birth certificate will need to be translated as its in Polish?

Yes, it will; PR guidance is clear on that.

Hi, sorry to keep coming back with questions. I've got one last(hopefully) question, when filling out the application form being a family member of my mum(main applicant) when it comes to Section 3 of About your application, question 3.2 for Family Members do I tick the box as "I am or have been a descendant aged under 21" or "I am or have been the dependent child aged 21 or over"

I am 22 now, but we're applying for DCPR during a period when I was under 21, so my instinct is to select the box "I am or have been a descendant aged under 21" and fill out Section 12. Just want to double check though.

Thank you so much!

eatingandsleeping wrote:Hi, sorry to keep coming back with questions. I've got one last(hopefully) question, when filling out the application form being a family member of my mum(main applicant) when it comes to Section 3 of About your application, question 3.2 for Family Members do I tick the box as "I am or have been a descendant aged under 21" or "I am or have been the dependent child aged 21 or over"

I am 22 now, but we're applying for DCPR during a period when I was under 21, so my instinct is to select the box "I am or have been a descendant aged under 21" and fill out Section 12. Just want to double check though.

Thank you so much!

Makes sense if for all the qualifying period you were under 21.

noajthan wrote:

eatingandsleeping wrote:Hi, sorry to keep coming back with questions. I've got one last(hopefully) question, when filling out the application form being a family member of my mum(main applicant) when it comes to Section 3 of About your application, question 3.2 for Family Members do I tick the box as "I am or have been a descendant aged under 21" or "I am or have been the dependent child aged 21 or over"

I am 22 now, but we're applying for DCPR during a period when I was under 21, so my instinct is to select the box "I am or have been a descendant aged under 21" and fill out Section 12. Just want to double check though.

Thank you so much!

Makes sense if for all the qualifying period you were under 21.

Great thanks, when it comes to absences from the UK, do we have to list every single absence even if just only for a week?

eatingandsleeping wrote:Great thanks, when it comes to absences from the UK, do we have to list every single absence even if just only for a week?

Yes, that's how overall absences are assessed.