Permanent residency documents ( EEU ) vs passport applicatio

[martekm]

Hello,
I'm a polish citizen, have been living in the UK for over 8 years. My partner is a British citizen, we've been together for over 8 years now, have 2 beautiful children age 4 and 2.
I've recently passed my life in the uk test as well as B1 grade 5 English test to be able to apply for British citizenship. Ive started filling up my passport application form but it says I have to provide them with a "permanent residence " card number which I havnt got.
To apply for one would it be any easier for me cos my kids have got a British passport and my partner is British? Or do I have to wait for 12 months since I received my permanent residence card to be able to start my passport application form?
Many thanks

[CR001]

You need to apply for the DCPR (document certifying PR) first. As soon as you have this document, you can apply for citizenship.

Assuming of course that you meet the requirements for PR, i.e. exercised treaty rights for 5 years etc.

[martekm]

Hello,
Thank you for a quick answer. I havnt apply for a PR yet and that's my worry. According to a gov webside I have to wait another 12 months since I receive the PR document/card. Is it correct? Or it's gonna be any easier for me cos my kids/parner are British citizens.
Many thanks

[noajthan]

Hello,
I'm a polish citizen, have been living in the UK for over 8 years. My partner is a British citizen, we've been together for over 8 years now, have 2 beautiful children age 4 and 2.
I've recently passed my life in the uk test as well as B1 grade 5 English test to be able to apply for British citizenship. Ive started filling up my passport application form but it says I have to provide them with a "permanent residence " card number which I havnt got.
To apply for one would it be any easier for me cos my kids have got a British passport and my partner is British? Or do I have to wait for 12 months since I received my permanent residence card to be able to start my passport application form?
Many thanks

Just to be clear:

1) you need DCPR first.

2) Then apply to naturalise - use form AN.

Finally
3) the holy grail of a British passport is obtained by a separate application.

You are correct, as you have a BC spouse, there is no need to wait 12 months after acquiring PR (and then your PR card), before applying for the privilege of citizenship.

There are no other migration benefits from having a British spouse and children (but you are ofcourse blessed in many other ways with them).

As you are an A8 national did you register fully and properly for WRS (if you were a worker in/before 2011)?
How else have you exercised treaty rights in UK?
Any prolonged absences from UK?

[martekm]

Thank you so much for your replay.
To be clear - me and my parter are not married- but I can proof that we've been living together under the same adress for the last 8 years. I have WRS certificate, NI number etc but I stopped working 4 years ago after I had my first child to raise my family. I'm hoping to get back to work at the beginning of 2017. Is that gonna be any problem at all?
Regards

[noajthan]

Thank you so much for your replay.
To be clear - me and my parter are not married- but I can proof that we've been living together under the same adress for the last 8 years. I have WRS certificate, NI number etc but I stopped working 4 years ago after I had my first child to raise my family. I'm hoping to get back to work at the beginning of 2017. Is that gonna be any problem at all?
Regards

Good you had the foresight to get WRS.
But yes there's a potential problem.

You need to have been exercising treaty rights (or else have a sponsor who does) in order to reside in UK.
To be classed as a self-sufficient qualified person (if applying in your own right) you need to have CSI in place (health insurance).
Do you have CSI?

Or is your partner an EEA national? Exercising treaty rights continuously for at least 5 years?

Also, if you are to apply as the extended family member(EFM) of your EEA sponsor, do you already possess a RC?

Unlike direct family members (such as spouses), EFMs have to hold a RC.
To be considered as an EFM you would have had to prove a durable relationship 'akin to marriage' for 2 years before applying for that RC.
Have you done that?

Note PR status cannot be confirmed if the EFM applicant did not have a RC issued to them previously.

[martekm]

Oh dear, it's getting complicated now then.
Facts:
- my partner is an Englishman who lived in this country for 40 years ( British passport holder) so he is an EEA national
- I've been living in UK for 8 years ( with my partner) polish citizen
- we have 2 kids together
- we are not married
- I had to stop working 4 years ago after having my first child
- I haven't got a health insurance
- I don't posses a RC
- I have WRS certificate
- I have NI number
- I can also prove that we have been together for that time ( join bank account or HRMC letters etc)
- already passed life in the UK test and B1 grade 5 English Test

Could you Tell me please what is my option?It doesn't look like I will be going any further with that passport application...

Regards

[noajthan]

Oh dear, it's getting complicated now then.
Facts:
- my partner is an Englishman who lived in this country for 40 years ( British passport holder) so he is an EEA national
...

Could you Tell me please what is my option?It doesn't look like I will be going any further with that passport application...

Regards

First things first, as your partner is British he is not recognised (under UK law) as being an EEA national (in terms of EU migration).
So, unfortunately, your partner cannot sponsor you in any way.

That means you can only apply for confirmation of PR in your own right so you have to be a 'qualified person'; (a worker, self-employed or self-sufficient etc).

Good that you have WRS to cover your time at work.
But as you are now self-sufficient you need to have health insurance in place. It can be CSI or it could be cover from a comprehensive policy your partner has.
Other wise your PR clock will have stopped when you stopped work.

If this is the case you need to get CSI in place to regularise your position in UK.
Especially with all this wild talk of Brexit, Bremain and one thing and another.

The LITUK and proof of English (if it is a SELT - after rules changes in 2015) will help when you come to apply for privilege of citizenship.
But you are not at that stage yet.

Worst case: you have a derivative right of residence of some sort permitting you to reside in UK due to your children - but that will not lead to PR.

Next steps
Check for CSI or health insurance.
- if you have it, great!
Assemble application for DCPR.

If no insurance, get some CSI to regularise position (and to restart PR clock).
Wait 5 years to acquire PR (assuming no Brexit).

You still need to get the DCPR first as it is now mandatory in order to naturalise.

[martekm]

Thank you so much for your amaizing response, extremely proffesional and quick service. You have helped me a lot with my issues. Thank you one more time
Marta

[noajthan]

Thank you so much for your amaizing response, extremely proffesional and quick service. You have helped me a lot with my issues. Thank you one more time
Marta

No worries.
Hope you can sort it out now.

If you really have no CSI do get some (or get back into work asap) so noone (ie HO) can dispute your position in UK.

Good luck.

[martekm]

Hello, just a quick update:
Qualified persons
A qualified person is someone who is in the UK and one of the following applies:

they’re working
they’re self-employed
they’re self-sufficient
they’re studying
they’re looking for work (only if they meet certain conditions)

That means because I don't work ( due to reasing my family ) I can still apply for Pernament Residency Documents as an " qualified person" who is looking for work and had been working in the past?

Regard

[noajthan]

Hello, just a quick update:
Qualified persons
A qualified person is someone who is in the UK and one of the following applies:
...

That means because I don't work ( due to reasing my family ) I can still apply for Pernament Residency Documents as an " qualified person" who is looking for work and had been working in the past?

Regard

You need 5 continuous years in one or more of above categories of qp.
That will have kept your PR clock running.
Also any absences from UK to be within limits.

How about when you were raising family?
Raising family will not count as jobseeking.

Did you have CSI to qualify as a self-sufficient qualified person?
I think you have previously said you did not have health insurance;
if you do not have any form of CSI, you were previously advised to get some to help regularise your status in UK.

[martekm]

Hello,
Thank you for your opinion,
During the time raising my family I was actively looking for a job suitable for me. ( and I'm still doing it) i applyed for many jobs and I can prove it. Does it change anything?
Regards

[noajthan]

Hello,
Thank you for your opinion,
During the time raising my family I was actively looking for a job suitable for me. ( and I'm still doing it) i applyed for many jobs and I can prove it. Does it change anything?
Regards

There are now time limits on how long Union citizens can be classed as a jobseeker.
You need to show you had a 'genuine prospect of work';
You probably can't be a jobseeker for years and years whilst really raising a family.
Research 'gpow' test.

[noajthan]

Stop press: there does now appear to have been a step-change in HO policy - DCPR no longer mandatory when applying to naturalise:
http://www.immigrationboards.com/eea-ro ... l#p1377475

(DCPR may still be advisable though, in order to reduce delays in processing).

[martekm]

Hello there,
So if I'm married to a British Citizen and I would like to apply for Britsh Citizenship, where would I start from?
(Please note that I've already passed my life in UK test and B1 certificate)
Many thanks

[noajthan]

Being married to a BC doesn't help you.
As explained above, you first need to get DCPR on the basis of being a qualified person.

[martekm]

Hello,
Thank you for a quick replay.
I'm getting a bit confused now because above you mentioned that DCPR is no longer mandatory, which means it's down to me if I would like to apply for it or not. So if I don't have to ( I complatly understand that it's advisable ) where do I start from then?
Many thanks

[noajthan]

Hello,
Thank you for a quick replay.
I'm getting a bit confused now because above you mentioned that DCPR is no longer mandatory, which means it's down to me if I would like to apply for it or not. So if I don't have to ( I complatly understand that it's advisable ) where do I start from then?
Many thanks

Two legal frameworks - 2 sets of requirements.
And HO themselves complicated the situation (a few months ago) by posting incorrect guidance in one version of the AN application form (as mentioned above). It was rapidly removed.

Moral: use latest guidance/rules; they can and do change.

In general DCPR is optional. Because PR is not about citizenship, PR is just about free movement.

if you have ambitions for citizenship of UK it is now mandatory to show DCPR.

[ohara]

Hello there,
So if I'm married to a British Citizen and I would like to apply for Britsh Citizenship, where would I start from?
(Please note that I've already passed my life in UK test and B1 certificate)
Many thanks

Get a DCPR. You can now do this online: https://visas-immigration.service.gov.uk/product/eea-pr

Pass the Life in the UK test.

Pass an English language test at level B1 or higher (unless you have a UK degree or a foreign one taught in English).

Apply for citizenship (form AN). If you use the nationality checking service (NCS), you can apply for citizenship and your first British passport at the same time under the joint citizenship and passport (JCAP) scheme. You can only do this through NCS, and if your citizenship application is accepted, your passport will be delivered to you shortly after you have attended the citizenship ceremony.

The only advantage of having a British spouse is that you do not need to have held permanent residency status for 12 months before applying for citizenship - although it seems you've acquired PR some considerable time ago so this wouldn't affect you anyway.

Citizenship application fee is currently £1236
Passport application fee is £72.50
NCS JCAP fee varies depending on which council you use but generally around £70.

If your application is refused for whatever reason, you lose the all of the above fees except for the £80 ceremony fee which is refunded.

[martekm]

Thank you for your replay Ohara, that sounds more understanding to me. That means that my housband ( British man ) can be my sponsor even if I hasn't been working for the last 4 years?
Many thanks

Hello there,
So if I'm married to a British Citizen and I would like to apply for Britsh Citizenship, where would I start from?
(Please note that I've already passed my life in UK test and B1 certificate)
Many thanks

Get a DCPR. You can now do this online: https://visas-immigration.service.gov.uk/product/eea-pr

Pass the Life in the UK test.

Pass an English language test at level B1 or higher (unless you have a UK degree or a foreign one taught in English).

Apply for citizenship (form AN). If you use the nationality checking service (NCS), you can apply for citizenship and your first British passport at the same time under the joint citizenship and passport (JCAP) scheme. You can only do this through NCS, and if your citizenship application is accepted, your passport will be delivered to you shortly after you have attended the citizenship ceremony.

The only advantage of having a British spouse is that you do not need to have held permanent residency status for 12 months before applying for citizenship - although it seems you've acquired PR some considerable time ago so this wouldn't affect you anyway.

Citizenship application fee is currently £1236
Passport application fee is £72.50
NCS JCAP fee varies depending on which council you use but generally around £70.

If your application is refused for whatever reason, you lose the all of the above fees except for the £80 ceremony fee which is refunded.

[noajthan]

Thank you for your replay Ohara, that sounds more understanding to me. That means that my housband ( British man ) can be my sponsor even if I hasn't been working for the last 4 years?
Many thanks

You have misunderstood something.

A British spouse confers no rights on EU migration route.

There is no DCPR available simply by virtue of having British spouse.
You still need DCPR in your own right as your British spouse cannot sponsor you.

A British spouse simply facilitates a section 6(2) application instead of a 6(1) application for privilege of citizenship.

[ohara]

Thank you for your replay Ohara, that sounds more understanding to me. That means that my housband ( British man ) can be my sponsor even if I hasn't been working for the last 4 years?
Many thanks

If you are talking about apply for the DCPR then NO your husband cannot be your sponsor as he is not viewed as he is British and therefore not viewed as an EEA citizen in this context. You need to have acquired PR in your own right; that means exercising treaty rights for 5 continuous years. Can you give us a timeline of your economic activity?

If you don't have PR yet and you are not working and don't have comprehensive sickness insurance (CSI), you may not have any basis to remain in the UK.