EEA national's rights to apply for BC and confusions...

[sharmarina]

Hi, I have lived here, in UK for 6 years now. Planning to apply for BC, but here is a pickle -last year I was applying for Permanent Residence as I lived 5 years, but HO discounted 1 year as I worked initially without NI and did not pay income tax. So they(HO) issued me Residence Certificate instead...
So Question is- DO I nEED This Permanent Residence to apply for BRITISH Citizenship? or can I apply straight away?
I came across this sentence in guide for BC-"you should normally have held permanent resident status for at least 12 month before applying for naturalization " (thats concerning EEA national, who I am) WHAT it means? CAN somebody explain?
HELP, please!

[ukpl]

You need to wait one more year, sorry.
You have only 5 years lawful residence in UK (as 1st year doesn't count).
So, you are now Permanent Resident after exercising treaty rights for 5 years, and PR status is granted automatically - you don't apply for it, but you can get PR card if you want it.
Then you need to have at least 12 months without immigration restrictions (which means being PR or having ILR) prior to applying for BC.

HTH

[sharmarina]

Thank you!
so in simple words- you have to live AND exercise treaty rights for 6 years before you can apply for BC, right?

[sharmarina]

It's a shame that 1 year wasted ( alot can happen in 1 year...) because of misguidance and lack of knowledge and information...
another tricky question, then- if my daughter born here, in UK (nearly 5 years ago...) do I have to wait till her 6th Birthday, before naturalizing her?
Regards.

[ukpl]

Thank you!
so in simple words- you have to live AND exercise treaty rights for 6 years before you can apply for BC, right?

in a one word - YES
because you as EEA national are not supposed to live in foreign EEA country for more than 6 months if you don't exercise treaty rights (you or your partner either work, or looking for a job, or are a pensioner, or bring a lot of money with you, i.e. you are self-sufficient) - 6 months is a standard tourist visa

[ukpl]

It's a shame that 1 year wasted ( alot can happen in 1 year...) because of misguidance and lack of knowledge and information...
another tricky question, then- if my daughter born here, in UK (nearly 5 years ago...) do I have to wait till her 6th Birthday, before naturalizing her?
Regards.

you need to first become BC yourself or you can both apply together at the same time
only kids born to British citizens or people with PR or ILR are granted citizenship at the time of birth in the UK

[sharmarina]

That helps. Thanks a bunch!
I did work a year I came here, pretty much straight away, and worked hard! but had no idea what is NIN and where and how to obtain it (it seems funny now) and for employment agency -which used and exploited poor european freshies- BIG TIMES! without any paperwork, except passports and app.form...

[86ti]

so in simple words- you have to live AND exercise treaty rights for 6 years before you can apply for BC, right?

Not quite. The requirements for BC is at least 5 years of lawful residence and additionally to be free of immigration restrictions for at least 12 months. In your case that means having exercised treaty rights for a continuous period of 5 years to obtain PR and obviously one more year of residence. Note, you do not have to exercise treaty rights anymore as soon as you are a permanent residence (that's actually one definition of PR).

You are not formally required to apply for confirmation of PR but it might be not a bad idea to do so.