PR (ILR) for Romania National

[srivathsa]

Hello there,

It's very confusing going through various information about ILR, EU regulations and additional regulations for A2 countries. There is not much info in UKBA website that I can find.

I have a Romanian friend who came to the UK for studies in Sep 2007 and have been studying, living and working since then. She has got a Residence Permit card and free to move around and work wherever she wants.

She will be completing 5 years in Sep 2012 and would like to apply for PR (ILR) and eventually apply for British Passport when become eligible.

I would be grateful if you could help please

- Does she have to apply for PR or become elibile automatically due to the EU regulations and have to get the Residence card or something? If she has to apply, how to apply and which form(s) to use?

- how does she apply for British passport? is it 1 year after getting the PR?

Thanks

Srivathsa

[srivathsa]

Bit surprising that no one replied so far, may be the requirements are not straightforward in A2 countries case probably....

I have been reading details on UKBA website and found some materials on these, particularly the below information on the Guidance notes for Naturalisation as a British Citizen

http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf

6. EUROPEAN ECONOMIC AREA NATIONALS AND SWISS NATIONALS

This section covers you if the country to which you belong is part of the European Economic Area or Switzerland. New immigration regulations came into force on 30 April 2006. If you are a national of a country which is a member state of the EEA or Switzerland, or the family member of such a person, you will automatically have permanent residence status after exercising EEA free movement rights in the UK for any continuous period of 5 years ending on or after 30 April 2006, and therefore will not have to apply for indefinite leave to remain. But remember that, unless married to or the civil partner of a British citizen, you should normally have held permanent resident status for 12 months before applying for naturalisation. This means that you may need to wait until you have been in the United Kingdom for 6 years before you can apply.

Does this mean, my romanian friend can apply for British citizenship after completing 5 years time in Sep 2012 and going through the life in the Uk test and other formalities as required?


thanks for your help...would highly appreciate any sort of guidance please.

[Jambo]

Wow! Almost 4 hours and no one replied to your post. That must be a record. You should complain.

See EEA3 or naturalisation.

[srivathsa]

Thanks Jambo.

That was my confusion too, as to whether to go for PR or apply for naturalisation directly based on the automatic PR status after completion of 5 years.

But I understand if you apply for PR and use the same for naturalisation later, then the clock starts from the date of decision of PR, doesn't it?

As you or others mentioned in the other link, should apply for naturalisation using the same evidence for PR but not the PR certificate itself due to the date issue. Is that right?

Lastly, If my friend wants to go for PR (looks like she wants to, to be on the safer side), is it the same EEA3 for A2 countries or a different one for Romanians?

Thanks again for your help.

[Jambo]

But I understand if you apply for PR and use the same for naturalisation later, then the clock starts from the date of decision of PR, doesn't it?

The clock only starts if you rely on the PR confirmation from the HO as the proof of 5 years.

As you or others mentioned in the other link, should apply for naturalisation using the same evidence for PR but not the PR certificate itself due to the date issue. Is that right?

Yes. It's very simple - when you apply for naturalisation, you need to prove you had PR status for at least 1 year. You can do it either by providing a one year old PR confirmation which was issued following a EEA3 application or by providing evidence to prove that (P60's etc).

If you want to reduce risk, you can apply for EEA3 with the same evidence you plan to use for naturalisation (i.e. not up to date evidence but evidence that will show you had PR 1 years before naturalisation application).

Lastly, If my friend wants to go for PR (looks like she wants to, to be on the safer side), is it the same EEA3 for A2 countries or a different one for Romanians?

same