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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 504
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Last month I have received a Permanent Residency Card

Customer Question

Last month I have received a Permanent Residency Card EEA(PR) ... I have been in UK since 2008. During application process for the card, I have included everything from 2008 to 2016. Can I apply for citizenship or do I have to wait 12 months ? Talking to home office, it almost sounds that it depends on whether my application has been backdated ... if it has (ie: accepted from 2008) then its a total of 8 years and I can apply..If however, only the last 5 years has been taken into account - then I am unfairly stuck in a position where I Cannot apply ... do you have an advice?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 11 months ago.

Hello

Thank you for your enquiry.

You only need 5 years evidence to obtain PR. If you have evidence extending to 8 years in total, you should be eligible to apply for naturalisation without having to wait 12 months.

Customer: replied 11 months ago.
That's true, but since the turn of this year the law has changed and now states that in order to apply for naturalization, I need to apply for PR first ( done and received a month ago) and then you need to wait further 12 months before being eligible to apply for citizenship. Its my understanding that its no longer possible to just apply for naturalization without firstly applying for PR (pre nov 2015). I had a look at the new citizen application forms and its no longer asking you for all the documents as a proof of your time in UK; rightfully so ; as your time in UK has already been verified by the PR application process and documents submitted therein. The problem however is this - even though I have submitted 8 years of evidence via the PR application, they only request last 5 years - so, how do I know that my PR application has been accepted with my time in UK as that of 8 years and not 5 ? ... If there is no other way of applying, I have no other way but to contact Home Office and somehow try and get that info out of them - ie: have they accepted 8 years or just the last 5 ? ... I am simply afraid that someone from the immigration office will reject my application saying that my PR application shows '5' years verified and there goes my £1200.
Expert:  frantzgregory replied 11 months ago.

Hello

You have misunderstood the change in the rule. You must first apply for PR in order to proceed with a naturalisation application. If you already have 8 years continuously residence as a qualified person, you would be eligible to apply for naturalisation once you have been granted PR. You will only have to wait 12 months if you only have 5 years continuous residence.