Naturalisation for EEA citizen - Conflicting guidance

[Nele72]

Hi all -

I've studied the application form and guidance notes for the citizenship application. As an EEA citizen, I'm confused as some of this also clashes with advice given by my local Nationality Checking Service.

A) The NCS speaks about a 5-year-rule (as does the AN form itself!) - if my passport 'doesn't cover 5 years' I have to supply additional information such as P60s, employers letters etc. The guidance notes state I have to supply evidence for a 10-year work history!

Question: Which is it - is it enough to supply my German passport that was issued in July 2012 (it would cover 5 years), or do I need additional evidence on residence, as an EU passport is not stamped?

Question: If I do need additional evidence - how far back does this have to go - 10 years? This seems to contradict the 5-year-rule. (I've been here for 21 years ...)

B) I obtained a document certifying permanent residence. Issue date is 25 July 2017, but the accompanying letter informs me that I obtained permanent residence on 30 April 2006.

Question: There seems to be no place on the AN form to enter this date - unless it's the 'Indefinite Leave to Remain' date on page 1? Or will they just find out by themselves based on the number of the document?


Thanks all!

Nele

[alterhase58]

Hi all -

I've studied the application form and guidance notes for the citizenship application. As an EEA citizen, I'm confused as some of this also clashes with advice given by my local Nationality Checking Service.

A) The NCS speaks about a 5-year-rule (as does the AN form itself!) - if my passport 'doesn't cover 5 years' I have to supply additional information such as P60s, employers letters etc. The guidance notes state I have to supply evidence for a 10-year work history!

Question: Which is it - is it enough to supply my German passport that was issued in July 2012 (it would cover 5 years), or do I need additional evidence on residence, as an EU passport is not stamped?

Question: If I do need additional evidence - how far back does this have to go - 10 years? This seems to contradict the 5-year-rule. (I've been here for 21 years ...)

Based on my own experience (38 years in UK). EU passports are not stamped therefore provide was is asked for in form AN, i.e. up to 10 years employment proof. Not sure why NCS talks about five years, perhaps to do with EU PR but irrelevant in my view as you already go PR.

B) I obtained a document certifying permanent residence. Issue date is 25 July 2017, but the accompanying letter informs me that I obtained permanent residence on 30 April 2006.

Question: There seems to be no place on the AN form to enter this date - unless it's the 'Indefinite Leave to Remain' date on page 1? Or will they just find out by themselves based on the number of the document?

ILR date is only for applicants under UK Immigration rules, i.e. non EU. When applying include the letter stating your date of obtaining PR - also make a note in the "Other Information" section.

Thanks all!

Nele

Although every application is different, I did as I explained and got approved with no issues being raised.

[JAJ]

Your Permanent Resident status at time of application (and for at least 12 months previously) has already been established and you do not need to prove it again. You still need to show 5 years residence and if your passport wasn't stamped, then other evidence is required (employment, school,etc.)

The wording as part of question 1.3 on form AN refers to EEA-Swiss citizens- although could be clearer- and it may well be ok to put your date of Permanent Residence in this section.

[zapzap]

I agree with JAJ

I have put the date I obtained PR on question 1.3 as suggested by NCS officer

[secret.simon]

For naturalisation purposes, there are at least three separate and distinct timeframes (all ending with the date of application) that you need to be aware of and submit evidence for.

a) 1 year - You need to have held settled status for at least one year before the date of application. In your case, as an EEA citizen, you need to have acquired PR status under EU law (so, not the date of your PR card, but the date according to the Home Office that you acquired PR) for at least a year before the date of application.

b) 5 years - This is the period of time that you need to account for your absences from the UK. You also need to prove that you were physically in the UK at the start of the five year period (date of application - five years + 1 day).

This five year period includes the 1 year period of having held PR and so is never the same as the five years required to acquire PR.

c) 10 years - You need to provide proof of your activities in the UK for the past ten years. Its to rule out that you have worked in the UK when you had no right to and is related to the good character requirements.

Hopefully, this separation of the timeframes will help with your application.