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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7506
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I've arrived in UK at the begging of October 2009, and four

Resolved Question:

I've arrived in UK at the begging of October 2009, and four months later, my wife and my daughter arrived, as well. All of us have Romanian citizenship. Any official online sources of informations are a little bit confusing. On the one hand, as fare as we understand, the main condition for applying for British citizenship, is to have a continuous presence in UK (working and living) for five years - which we have. On the other hand, are some references, which state that, the permanent residence is gained after five years of continuous residence in UK, and for British citizenship, another year is needed, after the permanent residence in obtained. So, question: Which of the above is valid for us. As a mention, we did not left UK more than, let's say, 30 days, in the last five years.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
In order to apply for naturalisation as a UK citizen, you must be “free from immigration time restrictions” for 1 year before you apply:-
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
See the second set of bullet points on the above link.
The case of EEA rights this means that you must have had “Permanent Residence” for 12 months before you apply for naturalisation.
If you have been in the UK for 5 years working and observed the previous requirements of Romanian citizens in the UK before the rule change in 1st January 2015 then you would probably be regarded as having PR. However, this is not noted in any home office system anywhere.
So, the way you are able to be sure you have PR is to apply for confirmation of it first. It’s quite cheap and easy to do:-
https://www.gov.uk/eea-registration-certificate
See “getting permanent residence” on the above link.
This is what you/your wife should do. The reason why you should apply for confirmation of PR first is that it is cheap to do (£55 per application), whereas the naturalisation fee is about £960. So, when you apply for naturalisation you want to be sure there are no problems with your PR status so that you don’t lose the application fee and applying for PR is how you do it.
Once you have held PR for 12 months you can then apply for naturalisation.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7506
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and 4 other Immigration Law Specialists are ready to help you
Expert:  Thomas replied 1 year ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom

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