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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I'm an Italian passport holder and I want to apply for a

Resolved Question:

Hi. I'm an Italian passport holder and I want to apply for a residency permit in order to put forward my british naturalisation application form. Is it necessary? Also, is there any service that can help filling the 85 pages form ?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
I need to add that I've been in the UK for 8 and a half years always lawfully employed. I've passed both tests (language proficiency and life in the uk) and have all the relevant paperwork to apply for a British citizenship (minus apparently a residency permit)
Expert:  Thomas replied 1 year ago.

Hi

Just to be clear, you have not yet applied for permanenter residence and are asking if it is mandatory to do so before applying for naturalisation, correct?

Tom

Customer: replied 1 year ago.
Correct. I have everything lined up for naturalisation but I've been told by the nationality checking service that I need a permanent residence service. Also how long would it take roughly for it to come and how Long do I have to wait after I've obtained it to apply for naturalisation?
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

Yes, unfortunately the rules changed almost two years ago in that all EEA applicants for naturalisation must now apply for confirmation of their Permanent Residence status before applying.

If an applicant applies without confirmation of their PR status then the application would be rejected and the expensive naturalisation application fee would be retained.

So, you must apply for confirmation for PR via:

https://www.gov.uk/government/publications/apply-for-a-document-certifying-permanent-residence-or-permanent-residence-card-form-eea-pr

The eligibility residence criteria for naturalisation states that you must be free of immigration time restrictions for 12 months once you apply unless you are married to a UK citizen.

So, if you have been in the UK for longer than 5 years then you should ask the home office to confirm your PR from the date which was 5 years from the date that you had been exercising treaty rights (eg working) in the UK for 5 years, rather than them simply state that you have PR from the date that they decide the application.

If they do this then you can apply for naturalisation (assuming 12 months has passed from the date that they confirm you had PR from). If they simply issue confirmation that you had PR from the date that they actually decide their application then you would have to wait a further 12 months from that date until you apply for PR.

It usually takes between 4 to 6 months from the date of submission for them to decide a PR application.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Thanks for the reply. One final question: how do I contact the home office directly?
Expert:  Thomas replied 1 year ago.

Hi,

You don't. Details of how you can apply are contained in the link that I mentioned in my question.

When you apply you write a covering letter explaining that you consider that you obtained PR some time ago and ask them the acknowledge that you obtained PR at this earlier time or otherwise backdate your PR.

Please do remember to leave feedback.

Tom

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