Tag Archives: PR

EEA Permanent Residence

Fast and reliable EEA Permanent Residence Service

EEA Blue Card UK Residence Documentation for a National of an EEA State

EEA PR applications from EEA nationals are currently taking between 4 to 6 weeks from the day of filing.

We offer an express and reliable service which includes:

– checking you qualify under the EEA rules;
– checking that you have completed the form correctly;
– checking you have included the necessary supporting documents;
– drafting your personal statement as well as a covering letter highlighting when you are deemed to have obtain permanent residence in the UK;  and
– ensuring your application is valid.

As part of our service, we will address issues such as criminal records, prolonged and / or unpaid absences, maintenance, self-employment, missing documents, any discrepancies, etc.

Our fees for this service varies between £550 and £750.

This service is available by formal instruction only.

For further information please do not hesitate to contact us.

EEA PR: Nationality applications ‘rejected’ by the Nationality Checking Service

September 2016 – Naturalisation applications from EEA nationals ‘rejected’ by the Nationality Checking Service.

We have recently come across a large number of EEA applicants who have found their applications for nationality turned down by the NCS on the grounds that they have held their Permanent Residence card for less then 12 months.

This is usually the case even when the applicant is in a position to show that they were granted permanent residence by the operation of law more than 12 months from attempting to file for naturalisation.

Following one of our client’s recent experience at the NCS where they were told that ‘the records showed that permanent residence had been held for less than 12 months’, we decided to contact the UKVI to seek clarification as to whether the Local Authority NCS did indeed have access to applicants’ details.

Their response reads as follows: ‘The Local Authority Nationality Checking Service (NCS) are not allowed to give any unsolicited advice on nationality or immigration matters.  As it is an unwaivable requirement that applicants have settled status they are expected to demonstrate this at the appointment.  However, if an EEA national has only held their Permanent Residence card for less than 12 months, the LA (with the applicant’s permission) can call us to see how early they were considered to be settled to enable them to apply under section 6(1) of the British Nationality Act 1981.’

 To avoid delays and additional costs, applicants should make use of the Subject Access Request to confirm the date they are deemed to have gained permanent residence 12 months or more from filing for naturalisation.

When filing for permanent residence, it is highly advisable to enclose a letter highlighting the 5 years the UKVI should take into account when assessing the application. This especially when submitting supporting documentation that runs all the way to the date of submission of the permanent residence applications.

Should the UKVI have entered an incorrect date, applicants should seek to get the said date corrected before proceeding with their naturalisation application.

For further information, please contact us.

British Citizenship for EEA applicants. Date of issuance of PR card not always relevant.

January 2016 – Under the British Nationality Act 1981 to qualify for British citizenship an applicant must show, amongst other things, that he or she is settled in the UK (i.e. he or she is free from any immigration restriction on the period for which he or she might remain in the UK).

Under normal circumstances, citizens of EU and EEA countries and their family members automatically gain permanent residence after exercising their treaty rights in the UK for 5 years.

Until November 2015, citizens of EU and EEA countries, who had automatically gained permanent residence in the UK, could apply for naturalisation providing that they could show that they had been free from immigration restriction for at least 12 months prior to filing for British citizenship.

Pursuant of British Nationality (General) (Amendment No. 3) Regulations 2015, citizens of EU and EEA countries are now required to apply for a permanent residence card before they can apply for British citizenship.  To do so, they are expected to complete the 85 page long EEA (PR) form and pay a processing fee of £65 per applicant.

Bearing in mind that the EEA Caseworking is taking on average 6 months, this additional requirement is going to extend the naturalisation process, which is by nature already a very protracted exercise, considerably.

Over the last few months, many of our clients were advised by the UKVI’s helpline and some of the Nationality Checking Centres that they would have to wait 12 months from obtaining their PR card before being able to file for naturalisation. The rational being that the PR card would in essence recognise their permanent residence only from the date of the card’s issuance rather than from the date they became permanent resident automatically by operation of EU law.

For instance, a Spanish national working in the UK since 2000 but issued with a PR card in 2015 would have to wait until 2016 to qualify for British Citizenship.

This interpretation of the regulations seemed to be at odds with EU Free movement law and needed to be clarified.

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. The date an applicant is deemed to have acquired permanent residence is recorded on the UKVI’s database and will be noted by the caseworker processing the naturalisation application.  It would appear that this information has yet to filter down to the army of staff dealing with ad-hoc enquiries.

 

For further information, please do not hesitate to contact us.