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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I've got some questions regarding becoming a British

Resolved Question:

Hi, I've got some questions regarding becoming a British Citizen/ UK Residence Card for EEA nationals
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi, Can you provide some more information about your situation please?Tom
Customer: replied 1 year ago.
Sure. I'm German and I've been living in the UK since 05/2010 and I'm self-employed. I need now for several reasons a British passport (mainly because of the referendum in June).
Expert:  Thomas replied 1 year ago.
Hi, Thanks. Are you married to a UK national?Tom
Customer: replied 1 year ago.
No, I'm single
Expert:  Thomas replied 1 year ago.
Thanks. Drafting your answer now. 5 mins. Kind regards,Tom
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.As an eea national, if you have exercised treaty rights in the UK continuously for 5 years then you would be regarded as having Permanent Residence (ie. free of immigration time restrictions). However, most applicants wishing to apply for naturalisation first apply for confirmation of their PR:https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card This is because they want to be sure that the home office regards ***** ***** having permanent residence before they apply for naturalisation because the fee for naturalisation as a UK citizen is very expensive (over £1000.00), whereas the fee for PR is small (about £85 or so). Once a person has had their PR confirmed they can then apply to naturalise provided they meet the criteria on the following page:https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-applyNote that there is a requirement that you must have held PR for 12 months before you can apply.In your circumstances, I would apply for confirmation of your PR status as soon as possible and certainly before the referendum. Once your PR is confirmed you can then apply to naturalise regardless of how the referendum goes. 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,
Customer: replied 1 year ago.
Ok, so far I haven't seen or heard anywhere that I have to apply for a PR and one of the naturalisation brochures just says that one "should" apply. So it appears there is no legal obligation for that. The problem that I have with this PR thing is that I have to send my passport by post to the Home Office which is something that I definitely won't do. Do you know if I can go instead to a national checking service office, since the PR card in this context is a part of the application for British Citizenship?
Expert:  Thomas replied 1 year ago.
Hi, You don't "have" to apply for confirmation of your PR, it's just that many applicants choose to in order to be sure that their (expensive) naturalisation will not be refused on the basis that the home office decides they do not regard the applicant as having PR. You have to send of your passport/documentation to apply for PR I'm afraid, there is no getting around that. If you are confident that you can prove you should be regarded as already having PR for a year then you can apply for naturalisation but, again, you would have to submit your passport and documentation.Tom
Customer: replied 1 year ago.
Hi,I called the national checking service in Southwark 5 mins ago and they told me that it was possible to apply for a residence card through them. I have an appointment now as well in mid-May. I still don't get why I need to hold a PR for a whole year but I'll sort that out with the office then. I've got tons of utility bills throughout the years as I knew I might need them some day. So maybe I can circumvent this one-year thing somehow... we'll see. In any event, thank you for your assistance. I don't think that the brits will have the audacity to leave the EU but since one never knows I just want to be one safe side...
Expert:  Thomas replied 1 year ago.
Fair enough, good luck. If the home office acknowledge that you held PR when you completed 5 years in the UK in May 2015 then you can apply for naturalisation in May 2016 because you would then have had PR for 12 months. Please remember to rate my answer. Tom
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