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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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! I am a EU national. I am in UK as a student under EC

Resolved Question:

Hi!
I am a EU national. I am in UK as a student under EC free movement regulations. I have a residence card issued on 5th August 2010. I meet all UKBA requirements as for absence , comprehensive insurance, etc,. I do not have UK permanent residence card and did not plan to obtain as it is not mandatory.
When can I apply for UK citizenship? This august or august 2016?
Thanks
Ruslan
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you were in the UK exercising your EEA treaty rights from 05/08/2010 and have remained so, then the earliest that you could naturalise would be 05/08/2016.
The is because you have to meet the standard requirements naturalisation:-
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
You will see from the penultimate bullet point in the second set of bullet points that you must have held PR for 12 months before you apply to naturalise. This is because an applicant must be free from immigration time restrictions (ie. PR) for 12 months before applying to naturalised.
Therefore, the earliest you could confidently say that you obtained PR would be 05/08/2015. This means that the earliest time that you could have been free from immigration time restrictions would be 05/08/2016. This is when you can apply.
I would caution that the naturalisation fee is very expensive, whereas the PR is very cheap. So, you should only apply for naturalisation if you are 100% certain that you can prove with documentation that you got PR in 08/2015.
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
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