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Naturalisation: Can I apply?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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petess
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Posts: 2
Joined: Sat Sep 10, 2016 2:33 am

Naturalisation: Can I apply?

Post by petess » Sat Sep 10, 2016 3:07 am

Hi,
I am 19 years old, I received my BPR early this year. The SAR obtained from UKIV states that PR was gained in August 2010. Going by this date, I am eligible to apply for naturalisation.
However,

About Me.....
I came to the UK in 2006 on a 6 months visitor's visa to visit me mom who was an international student. I was 9 years old at the time.
Attended school from year 5 to year 13 ( sixth form). I am about to start 2nd year at University.
I have never had any issues with police. I don't drive yet so no driving related issues.

Immigration......
I overstayed my 6 months visa (still a minor) and in 2010 became a direct family member of an EEA citizen. On this basis, i received my PR.

Questions?????
1. Can I apply for naturalisation now considering my overstay status until 2010 when I got my RC?
2. Do I have to wait until 2020 when I would have lived in the UK legally for 10 years?
3. Can decoration be applied by the caseworker on the basis that I was a minor?
4. Would I require to do the speaking and listening test or am I exempt as an undergraduate in UK?

Thank you.

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CR001
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Posts: 88130
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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Re: Naturalisation: Can I apply?

Post by CR001 » Sat Sep 10, 2016 10:35 am

Are you sure you got Permanent Residence in 2010 and not a 5 year residence permit?

You need LIUK and you need the English test if you do not have a degree certificate yet. Being a uni student does not exempt you from the B1 English requirement.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Naturalisation: Can I apply?

Post by noajthan » Sat Sep 10, 2016 12:00 pm

petess wrote:Hi,
I am 19 years old, I received my BPR early this year. The SAR obtained from UKIV states that PR was gained in August 2010. Going by this date, I am eligible to apply for naturalisation.
...

Immigration......
I overstayed my 6 months visa (still a minor) and in 2010 became a direct family member of an EEA citizen. On this basis, i received my PR.

Questions?????
1. Can I apply for naturalisation now considering my overstay status until 2010 when I got my RC?
2. Do I have to wait until 2020 when I would have lived in the UK legally for 10 years?
3. Can decoration be applied by the caseworker on the basis that I was a minor?
4. Would I require to do the speaking and listening test or am I exempt as an undergraduate in UK?

Thank you.
1) This doesn't make sense.

You may been issued a RC in 2010.
You do not say you were in UK under EU rules and with an EU sponsor before 2010.

It takes 5 years to acquire PR status.
You may have acquired PR by 2015 (starting from 2010).

You say you received a BPR in 2015.
What is a BPR?

Do you mean BRP - but that's issued to residents on UK immigration route.
Or do you mean PRC (confirmation of PR) card?

Its unclear why HO records your date of acquiring PR as 2010 as you don't say that you had a Union citizen sponsor for the preceding 5 years.

2) Maybe.

3) Probably.

4) No exemption.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Naturalisation: Can I apply?

Post by secret.simon » Sat Sep 10, 2016 5:07 pm

What nationalities do you hold? What are the nationalities of your parents and where have they resided since 2006?
petess wrote:in 2010 became a direct family member of an EEA citizen.
How did you become a family member of an EEA citizen at the age of 14?

In any case, if you became the family member of an EEA citizen in 2010, you acquired Residence and not Permanent Residence. The earliest you could have acquired permanent residence is after five continuous years of Residence under the EEA Regulations.

Given your age, in order to acquire PR, you will need either one of your parents to have been resident in the UK and exercised treaty rights for five continuous years with proof of such treaty rights. Do you have such proof?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

petess
Newly Registered
Posts: 2
Joined: Sat Sep 10, 2016 2:33 am

Re: Naturalisation: Can I apply?

Post by petess » Sat Sep 10, 2016 8:16 pm

petess wrote:Hi,
I am 19 years old, I received my BPR early this year. The SAR obtained from UKIV states that PR was gained in August 2010. Going by this date, I am eligible to apply for naturalisation.
However,

About Me.....
I came to the UK in 2006 on a 6 months visitor's visa to visit me mom who was an international student. I was 9 years old at the time.
Attended school from year 5 to year 13 ( sixth form). I am about to start 2nd year at University.
I have never had any issues with police. I don't drive yet so no driving related issues.

Immigration......
I overstayed my 6 months visa (still a minor) and in 2010 became a direct family member of an EEA citizen. On this basis, i received my PR.

Questions?????
1. Can I apply for naturalisation now considering my overstay status until 2010 when I got my RC?
2. Do I have to wait until 2020 when I would have lived in the UK legally for 10 years?
3. Can decoration be applied by the caseworker on the basis that I was a minor?
4. Would I require to do the speaking and listening test or am I exempt as an undergraduate in UK?

Thank you.

Thanks CR001, Noajthan and Secret.simon.

Reading your replies I realised that i got stuff mixed up. So sorry.

My mom is married to an EEA national (Dutch) and we were issued with RC in 2010. PR was confirmed in 2016. SAR from UKVI states August 2015 as date PR was achieved.

Please my questions again??????
1. Can I apply for naturalisation now considering my overstay status until 2010 when I got my RC?
2. Do I have to wait until 2020 when I would have lived in the UK legally for 10 years?
3. Can discretion be applied by the caseworker on the basis that I was a minor?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Naturalisation: Can I apply?

Post by noajthan » Sat Sep 10, 2016 9:08 pm

petess wrote:Thanks CR001, Noajthan and Secret.simon.

Reading your replies I realised that i got stuff mixed up. So sorry.

My mom is married to an EEA national (Dutch) and we were issued with RC in 2010. PR was confirmed in 2016. SAR from UKVI states August 2015 as date PR was achieved.

Please my questions again??????
1. Can I apply for naturalisation now considering my overstay status until 2010 when I got my RC?
2. Do I have to wait until 2020 when I would have lived in the UK legally for 10 years?
3. Can discretion be applied by the caseworker on the basis that I was a minor?
1) You could give it a shot.
Check on implications for current nationality.

2) Would be safest to wait but as Brexit is looming you may want citizenship in the bag before UK leaves EU.

3) You should be able to make the case that, as a minor, you weren't responsible for any transgressions;
you were unaware of consequences;
you were unable to act to comply with visa conditions even if you had wished to.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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