We have recently written about the brilliant news that one of our clients had been granted a Permanent residence document. Our client had resided and exercised her Treaty Rights in the UK for over eight years and in the light of Brexit, she decided to instruct our immigration solicitors to submit an application to the Home Office. The Applicant received the wonderful news after 3 months from submitting the online application and wishes to apply for Naturalisation.
Eligibility for Naturalisation for EEA Nationals
There are a number of requirements that one has to fulfill in order to make a successful application for British citizenship:
- You must be 18 or over;
- You must be of sound mind and have good character;
- You must intend on making the UK your place of home;
- You must have sufficient knowledge of English Language & Sufficient knowledge of life in the UK; and
- You must meet the residency requirements.
European Economic Area (EEA) nationals wishing to apply for Naturalisation must have Permanent Residence status for the last 12 months before submission of their application for Naturalisation. They will need to provide a Permanent Residence document confirming their right. In cases where an applicant has resided in the UK in accordance with the EEA regulations for a period exceeding 6 years, the applicant is eligible to apply for Naturalisation soon after receiving the Permanent Residence document.
Those wishing to apply for Naturalisation should consult with a member of our expert immigration team so we can consider the eligibility criteria and explore whether among other requirements, they meet the good character and residency requirements.
Eligibility for a Permanent Residence Document
In the United Kingdom, the current immigration rules governing a right of Permanent Residence fall under Regulation 15 of the Immigration (European Economic Area) Regulations 2006 (EEA Regulations). Regulation 18 of the EEA Regulations governs the documents which can be held as evidence of a right of Permanent Residence.
You can apply for a Permanent Residence document after living in the UK for 5 years. This will prove your right to live in the UK permanently. In order to qualify for Permanent Residence you would need to be exercising your Treaty Rights as a worker, self-employed, self-sufficient, job-seeker or a student.
EEA nationals who are able to evidence the above may wish to apply for a document which certifies their Permanent Residence. Family members of EEA nationals who have held an EEA Residence Card for 5 years may also wish to apply for an EEA Permanent Residence Card if they can demonstrate their EEA national family member was exercising their Treaty Rights during their stay in the UK.
The Case for Application for Naturalisation after receiving a Permanent Residence Document
Our client has resided and exercised her Treaty Rights in the UK for over 8 years. She is an Eastern European national and decided to instruct the firm to submit an application for her Permanent Residence document. We were informed that the Applicant felt unsure about her future status in the UK as a result of 23 June 2016 Brexit referendum and therefore wanted to apply for a document certifying her Permanent Residence and Naturalisation thereafter. After speaking to our expert solicitors and receiving the comfort that our solicitors often assist clients in similar situations to her, the Applicant instructed us to prepare and submit her application.
Our solicitors were very happy to receive a decision within 3 months where in normal circumstances the minimum processing time is 6 months or longer due to the large influx of cases that have been filed with the Home Office due to Brexit. Our client will submit the document certifying her Permanent Residence with her Naturalisation application.
How to make a successful Application for Naturalisation?
To make a successful Naturalisation application you must meet the Home Office’s requirements, we have previously written about the stringent requirements for Permanent Residence applications and about disclosure of previous criminal convictions. It is important to note that the Home Office’s requirements are a set of rigorous rules. However, you should note that there are numerous ways you can satisfy these rules. It is imperative you obtain the correct guidance before submitting any visa and immigration application. The UK immigration rules are complex and so it’s advisable to seek legal advice to avoid refusal.
In our expert experience, we have assisted clients in the past who have assumed that they do not meet the requirements but once we explore their circumstances we discover they do meet the requirements. A common question we often come across is regarding the documents which have to be submitted as evidence of residence and meeting the Good Character requirement. You may wish to contact us if you have any questions regarding any of the requirements for permanent residence and Naturalisation applications.
Advice from UK Immigration Solicitors on Submitting a successful Application for Naturalisation
Our team of solicitors and barristers bear in mind the paramount duty of all legal representatives to act in your best interest whilst complying with the strict letter of the law. Our team of specialists can be distinguished from other law firms with our client-tailored approach and scrutiny of options available to you from the outset. We will be able to advise you in respect of the merits of your Naturalisation application by providing you with advice from our leading team of solicitors before your matter even reaches the Home Office. We can assist you with the preparation of your visa and immigration application and ensure that you meet all the requirements of the relevant rules.
If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.