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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Dear Sir/Madam, My daughter received the Permanent Residence

Resolved Question:

Dear Sir/Madam,
My daughter received the Permanent Residence in the UK on 13th September 2013 and following this she applied for the British citizenship providing to the Home Office all the relevant documentation required, including the Naturalization fee.
However, just few days ago she received a letter from Home Office requiring (again) for original documentation to prove her residence in the UK from July 2009 to July 2014.
The Permanent Residence in the UK application was supported by all the documentation required for the period from 2007 to 2013, after she changed her status from Working Visa Dependent Person to a national of a European Union member state living in the UK.
When applying for the British citizenship she provided residence evidence for the remain period (2013-2014)
Is the Home Office request legitimate and if it's not, what we can do?
Many thanks for your professional and timeless answer
Yours truly,
Victor Neagu (father)
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
The request by the home office to prove her residence for the period 2009 to 2014 is absolutely legitimate and correct.
Just because a person has obtained permanent residence it does not by implication prove the residence requirement for naturalisation. Indeed, the criteria for residence is slightly different for naturalisation in that the days outside the uk are more strict. Therefore, the home office is required to check the residence period for 5 years for naturalisation purposes.
You are lucky that they have requested this documentation it rather than simply rejecting the application outright and retaining the application fee.
I would gather the residence documentation that you have and outline a statement to chronology of residence including days outside the uk.
Kind regards.
Tom
Customer: replied 3 years ago.

Dear *****,

Obtaining the Permanent Residence was based exactly on the same, to prove that she stayed in the UK for at least 5 consecutive years, without having any period outside the UK for more than 90 days.

Probably, the logic doesn't work in the Home Office, if a person gained the Indefinite leave to remain in the UK, but he/she can't, consequently, get the British passport without resubmitting again the same documents and evidence sent for the previous step.

In my opinion to request the same (again) it's just another way for discriminating Romanian citizen (a national of European Union member state)

Many thanks for your previous answer and for the reply.

Yours truly,

Victor Neagu

Expert:  Thomas replied 3 years ago.
Hi Victor,
The application is determined by a different department for a start and the absences/residence criteria in the case of a PR application is informal and the case officer's have wider discretionary powers.
The residence criteria for naturalisation is strict and there are very specific provisions relating discounting days above the stated levels:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300182/booklet-an.pdf
See section 5 above.
This means that they have to re-examine the residence period within the naturalisation framework. You may consider it restrictive but they are perfectly entitled to do this under the immigration and would do so to any citizen of the EEA.
Kind regards,
Tom
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