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Buachaill
Buachaill, Barrister
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Experience:  Barrister 17 years experience
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My husband (Brazilian national) has a Biometric Permanent

Resolved Question:

My husband (Brazilian national) has a Biometric Permanent Residency Card (Residence Card of a Family Member of a Union Citizen) issued 22-jan-2016. We know he can apply for British Citizenship 12 months after he got permanentresidency. However my understanding is as he started to work full time in the UK in August 2010, he got a right for a permanent residence in 5 years time which is September 2015 (however the card was issued only in January 2016). So my question is, can he apply for a British Citizenship in September 2016 (5 years after restarted to work full time in the UK and 12 months after he got - as I understand it/ right for a permanent residence) even though his Permanent residence card was issued only in January 2016?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. I regret to say that there is a requirement that your husband be visa free for one full year before he may make an application for citizenship. Accordingly, as your husband only got his permanent residence in January 2016, he will have to wait until January 2017 before he may make an application for UK citizenship.

Expert:  Buachaill replied 1 year ago.

2. The one year requirement of permanent residency only runs from January 2016, the date he got his PR. It does not run from before this time. So he will have to wait until January 2017 to get UK citizenship.

Expert:  Buachaill replied 1 year ago.

3. Please Rate the answer as unless you Rate the answer your Expert receives no payment for answering your question.

Customer: replied 1 year ago.
Hi, thank you for your reply. However, I read there is a difference between Status of Permanent resident and the Permanent residency Card. My understanding is he got a right for a permanent residency 5 years after he started to work> so he permanent residency started in Septmeber 2015... However the permanent residency card was issued only in January(need to wait 6 months to get it done). So his status of permanent resident started in Septmeber 2015 and not January 2016. So according this, he should be able to apply in Septmeber 2016>one year after he got a right for a status of permanent resident and not one year after he got a Card issued. I found this information here: https://www.freemovement.org.uk/eu-nationals-must-apply-for-permanent-residence-card-for-british-nationality-applications/. There it says:
Some applicants have apparently been finding that Home Office officials will only permit naturalisation applications to be made at least one year after a permanent residence card is issued (see piece by Delphine Dervin). This is not in fact required by the amended regulations, which only require
Customer: replied 1 year ago.
t is clearly necessary to possess a permanent residence certificate or card to make the naturalisation application but the one year lead-in period begins as soon as permanent residence begins.
Customer: replied 1 year ago.
https://www.linkedin.com/pulse/british-citizenship-eea-applicants-issuance-date-pr-card-dervin
Following a recent FOI request the nationality policy team have now confirmed that permanent residence is acquired following 5 years of residence in accordance with the EEA Regulations and not on the date the residence card is issued
Expert:  Buachaill replied 1 year ago.

4. By all means apply when he has one year of Permanent Residency. However, I would advise you to include this guidance from the Home Office Nationality Policy team if you make the application after one year of residency, as otherwise, you will be wasting an application fee. Be aware that whoever gets the application may not be aware of the ruling by the Policy Guidance unit, as there is always a discretion on any citizenship application. The requirement is to show you were "visa free" for one year.

Expert:  Buachaill replied 1 year ago.

5. The view that has been taken up to this is that you can only prove you were "visa free" for one year by proving it with your Permanent Residence card. So, if you hadn't got the Permanent Residence card, you could not prove you were visa free for one year.

Customer: replied 1 year ago.
Thank you for your prompt reply! And where can I find the guidance from Home Office Nationality Policy ? I mean all I found on Internet are forums and LinkedIn article which I can imagine are not an official source. What is the official source where I could find it, print it and enclose with out application?
Expert:  Buachaill replied 1 year ago.

6. I don't know where you will find Home Office Nationality Policy. You had better write to the Home Office or search their website. Be aware that any such policy statement does not have force of law. It is guidance to be followed. But it does not bind the Home Office.

Customer: replied 1 year ago.
Thank you for your advice! It is much appreciated. I always thought law is a very clear area... But it seems it is not that case!!!! Have good evening!
Expert:  Buachaill replied 1 year ago.

7. Please Rate the answer as otherwise your Expert does not get paid for answering your question.

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