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Can I apply for Citizenship before holding PR for 1 year ?

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

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appleismyname
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Can I apply for Citizenship before holding PR for 1 year ?

Post by appleismyname » Mon Mar 14, 2016 8:40 pm

Hi Everyone !

I discovered these forums with researching the above mentioned question. I think it's amazing that there is an online community like this and I'm really thankful I've managed to find it.

My question is : Can I apply for british citizenship before holding permanent residence for a whole year ?

Here's some background info :

I have started working in the UK in Sept. 2009. Since then, I've always been employed. Last year, I applied for permanent residence and was sent the card on October 12th, 2015.

I've researched this topic and I cannot find a definite answer. While some state that I need to hold PR for a whole year, some say that I could apply early, but I need to provide documentation proving that I've exercised treaty rights for the past 6 years.

I'm worried that if I apply for citizenship after the referendum and the UK decides to brexit, It might affect my application.

What do you guys think ? Thank you so much for reading this and I look forward to hearing from you :D

noajthan
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Location: UK

Re: Can I apply for Citizenship before holding PR for 1 year

Post by noajthan » Mon Mar 14, 2016 9:02 pm

appleismyname wrote:Hi Everyone !

I discovered these forums with researching the above mentioned question. I think it's amazing that there is an online community like this and I'm really thankful I've managed to find it.

My question is : Can I apply for british citizenship before holding permanent residence for a whole year ?

Here's some background info :

I have started working in the UK in Sept. 2009. Since then, I've always been employed. Last year, I applied for permanent residence and was sent the card on October 12th, 2015.

I've researched this topic and I cannot find a definite answer. While some state that I need to hold PR for a whole year, some say that I could apply early, but I need to provide documentation proving that I've exercised treaty rights for the past 6 years.

I'm worried that if I apply for citizenship after the referendum and the UK decides to brexit, It might affect my application.

What do you guys think ? Thank you so much for reading this and I look forward to hearing from you :D
Yes, most certainly - if you are either:
a) married to a BC

or b) you acquired PR status over 12 months ago.
(That is quite different from holding a physical PR card for a year)
All that is gold does not glitter; Not all those who wander are lost. E&OE.

appleismyname
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by appleismyname » Mon Mar 14, 2016 9:42 pm

noajthan wrote:
appleismyname wrote:Hi Everyone !

I discovered these forums with researching the above mentioned question. I think it's amazing that there is an online community like this and I'm really thankful I've managed to find it.

My question is : Can I apply for british citizenship before holding permanent residence for a whole year ?

Here's some background info :

I have started working in the UK in Sept. 2009. Since then, I've always been employed. Last year, I applied for permanent residence and was sent the card on October 12th, 2015.

I've researched this topic and I cannot find a definite answer. While some state that I need to hold PR for a whole year, some say that I could apply early, but I need to provide documentation proving that I've exercised treaty rights for the past 6 years.

I'm worried that if I apply for citizenship after the referendum and the UK decides to brexit, It might affect my application.

What do you guys think ? Thank you so much for reading this and I look forward to hearing from you :D
Yes, most certainly - if you are either:
a) married to a BC

or b) you acquired PR status over 12 months ago.
(That is quite different from holding a physical PR card for a year)
Hi noajthan =)

Thank you so much for replying ! I'm not married yet; gosh :P

I think I understand what you're saying. I don't know when I acquired PR status. I know it says that it is automatically after exercising your right over 5 years, which would mean I obtained status on Dec 9th, 2015. However, I'm scared that since it's not written in paper, I might be rejected.

Can I ask you a question ? What's the difference between a PR card and PR documentation ? I received a 6 page, folded, mini blue paper document saying "UK RESIDENCE DOCUMENTATION FOR A NATIONAL OF AN EEA STATE".

When I googled PR cards, they look like plastic credit cards; does that mean I don't have the right thing ? :(

Thank you ! :)

LilyLalilu
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by LilyLalilu » Mon Mar 14, 2016 9:52 pm

The plastic cards are for non-EEA nationals getting PR via the EEA route.
You should have acquired PR status after 5 years of working in the UK (note: if you happen to be an A8 national, you will need to have registered with the WRS). Maybe do a SAR (Subject Access request) to establish which PR date the Home Office has on file for you. You can apply for citizenship one year after you acquired PR status (not from the date you got the actual document), provided you meet all requirements for naturalisation.
If applying through the NCS, they will also check the PR date the HO has down for you.
Last edited by LilyLalilu on Mon Mar 14, 2016 9:55 pm, edited 1 time in total.
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

noajthan
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by noajthan » Mon Mar 14, 2016 9:54 pm

appleismyname wrote:...

Hi noajthan =)

Thank you so much for replying ! I'm not married yet; gosh :P

I think I understand what you're saying. I don't know when I acquired PR status. I know it says that it is automatically after exercising your right over 5 years, which would mean I obtained status on Dec 9th, 2015. However, I'm scared that since it's not written in paper, I might be rejected.

Can I ask you a question ? What's the difference between a PR card and PR documentation ? I received a 6 page, folded, mini blue paper document saying "UK RESIDENCE DOCUMENTATION FOR A NATIONAL OF AN EEA STATE".

When I googled PR cards, they look like plastic credit cards; does that mean I don't have the right thing ? :(

Thank you ! :)
There are better reasons to get married so hold that thought.

I think the different formats are for EEA nationals and non-EEA family members (without/with biometrics).

Apparently HO (probably) have the date you acquired PR recorded in their 'CID' system.
Some members have reported success in finding the date out by means of a SAR requested from UKVI.

Or if you think the date was sometime in December 2015 then simply wait until December or early next year.

Edit: your dates don't make much sense.
if you started in UK in 2009 its likely you had PR by 2014.
You say you received PR card in Oct 2015 but think you only acquired PR in Dec 2015. Something is mixed up there.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

appleismyname
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by appleismyname » Mon Mar 14, 2016 10:29 pm

LilyLalilu wrote:The plastic cards are for non-EEA nationals getting PR via the EEA route.
You should have acquired PR status after 5 years of working in the UK (note: if you happen to be an A8 national, you will need to have registered with the WRS). Maybe do a SAR (Subject Access request) to establish which PR date the Home Office has on file for you. You can apply for citizenship one year after you acquired PR status (not from the date you got the actual document), provided you meet all requirements for naturalisation.
If applying through the NCS, they will also check the PR date the HO has down for you.
Hi LilyLalilu =)

Thank you so much for replying !

That's really useful ! how do I apply for a Subject Access request ? I've never heard of this before ?

appleismyname
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by appleismyname » Mon Mar 14, 2016 10:34 pm

noajthan wrote:
appleismyname wrote:...

Hi noajthan =)

Thank you so much for replying ! I'm not married yet; gosh :P

I think I understand what you're saying. I don't know when I acquired PR status. I know it says that it is automatically after exercising your right over 5 years, which would mean I obtained status on Dec 9th, 2015. However, I'm scared that since it's not written in paper, I might be rejected.

Can I ask you a question ? What's the difference between a PR card and PR documentation ? I received a 6 page, folded, mini blue paper document saying "UK RESIDENCE DOCUMENTATION FOR A NATIONAL OF AN EEA STATE".

When I googled PR cards, they look like plastic credit cards; does that mean I don't have the right thing ? :(

Thank you ! :)
There are better reasons to get married so hold that thought.

I think the different formats are for EEA nationals and non-EEA family members (without/with biometrics).

Apparently HO (probably) have the date you acquired PR recorded in their 'CID' system.
Some members have reported success in finding the date out by means of a SAR requested from UKVI.

Or if you think the date was sometime in December 2015 then simply wait until December or early next year.

Edit: your dates don't make much sense.
if you started in UK in 2009 its likely you had PR by 2014.
You say you received PR card in Oct 2015 but think you only acquired PR in Dec 2015. Something is mixed up there.

Hi noajthan =)

Haha, I meant by gosh as in I'm only 24, I haven't even thought of marriage.
Another user suggester SAR as well, which seems great, I'll just have to find out how to proceed with that.

I'm sorry, that's my typo. I meant to type 2014. :oops:

noajthan
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Location: UK

Re: Can I apply for Citizenship before holding PR for 1 year

Post by noajthan » Mon Mar 14, 2016 10:40 pm

appleismyname wrote:Hi noajthan =)

Haha, I meant by gosh as in I'm only 24, I haven't even thought of marriage.
Another user suggester SAR as well, which seems great, I'll just have to find out how to proceed with that.

I'm sorry, that's my typo. I meant to type 2014. :oops:
For SAR see:
https://www.gov.uk/government/publicati ... mmigration
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ohara
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by ohara » Tue Mar 15, 2016 9:09 am

If you have worked with no gaps since 2009 then you will have PR sometime in 2014 as stated.

Note that under the Data Protection act, UKVI (and any other government department) have up to 40 days to respond to a subject access request.

NCS can get the date immediately over their telephone hotline to UKVI. When I had my appointment, she dialled the number, told the guy the number from my PR document, and he was like yep June 2012.

The differences between EEA and non-EEA PR document are because non-EEA people get a biometric card, which is driving licence style card and contains their finger prints, photograph and signature on a chip. EEA people do not get biometric cards so it's just a vignette stuck on a piece of a cardboard.

appleismyname
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by appleismyname » Tue May 03, 2016 11:15 pm

Hi Everyone,

I just wanted to update everyone.

I've filled out SAR and send a SAR form. I've just received a reply from home office.

The letter states that although they do not keep such information on file anymore, I may be able to apply for a request for transfer of information. It doesn't explain what that is thought.

I think I'll just wait till November to to apply, but I wanted to say thank you for everyones time and advice.

ohara
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by ohara » Tue May 03, 2016 11:19 pm

It sounds like you've been fobbed off. Of course they hold that information on file.

Did the bundle of paperwork you got back include a sheet like this: :?:

Wise
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by Wise » Wed May 04, 2016 2:13 pm

Also did you get the money you paid back from them at all?
It is really good to help and everyone deserve to be respected in life. Good luck.

ohara
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by ohara » Wed May 04, 2016 2:35 pm

No, the full SAR costs £10, only the fast track applications are free. The guy who did a fast track application had his £10 cheque returned. I paid by postal order.

appleismyname
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by appleismyname » Sat May 07, 2016 1:53 pm

Hi Wise :D

I wasn't charged.

appleismyname
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by appleismyname » Sat May 07, 2016 1:58 pm

Hi Ohara :D :D

This is the letter I received ->

appleismyname
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by appleismyname » Sat May 07, 2016 1:59 pm

Maybe I filled out the application incorrectly ?

I did write in it, asking for a confirmation of exercising treaty rights. Idk :oops:

ohara
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by ohara » Sat May 07, 2016 2:30 pm

Do you actually have a PR card :?:

appleismyname
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Re: Can I apply for Citizenship before holding PR for 1 year

Post by appleismyname » Sat May 07, 2016 3:05 pm

I do. Mine's the same as this one. I received in October last year -> http://unitedkingdom.nlembassy.org/bina ... a20499.jpg

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