Further administrative obstacles in the naturalisation process – British citizenship EEA national – important changes to legislation

Most of you may now know that the rules regarding applying for British citizenship as an EU Citizen were amended by the Home Office to include the need for the applicant to posses a documents certifying their permanent residence. Below we bring all the information together and outline the new procedures.

Ever since David Cameron’s announcement for a referendum on UK’s future in the EU, and in particular since the change in rules by the Home Office, we have been receiving an unprecedented number of calls from EU citizens concerned about Britain’s potential exit from the European Union and the impact this would have on their status in the United Kingdom. As such, a large number of EU citizens have started making their applications for British citizenship.

The Home Office’s subsequent plans to change the British citizenship application process has also resulted in another surge of EU citizens eager to get their applications in before 12 November 2015.

So if you are now in a position where you would like to make your application for British citizenship as an EU citizen, here’s the step-by-step guide:

Permanent Residence

EU citizens still automatically acquire the status of permanent residence after completing 5 lawful years of residence in the United Kingdom under the European Regulations. They need to hold this status for one year before they can apply for Naturalisation – this has not changed. What has changed is that EU citizens must now obtain a document certifying that status.

Therefore, before you make your application for Naturalisation, you must first make an application for permanent residence. The application costs £65 and can take up to 6 months to be processed. This is of course a considerable amount of time and will essentially put back your Naturalisation plans half a year.

If you are one of those EU citizens who have been in the United Kingdom for over 5 years and have therefore held the permanent residence status for more than one year, you still need to apply for the permanent residence document. When you make your application, you will need to demonstrate to the Home Office when you think you acquired permanent residence. So if you entered the UK in 2009 and acquired the status of permanent residence in 2014, those are the documents you need to submit to the Home Office. The Home Office will recognise that you acquired your permanent residence in 2014 which means once you receive your permanent residence document, you will be free to apply for Naturalisation straight away.

If, however, you have only been in the UK for 5 years, you will need to make your permanent residence application based on those 5 years: for example January 2011 to January 2016. You will need to hold your permanent residence for one year before being able to apply for British citizenship as an EU citizen.

The requirements for permanent residence are pretty straight forward:

You must have lived in the UK for at least 5 years;
During your time in the UK, you must have been exercising Treaty Rights e.g. working, self-employed, or a student, for example;

All of these rules also apply to family members of European Union nationals. As you all know, their legal entitlement to stay in the UK all depends on their EU family member exercising their rights under the European Regulations.

British Citizenship as an EU Citizen

A round of the requirements for EU citizens is now as follows:

You must have been in the UK for 6 or more years;
You must have a document certifying permanent residence
You must meet the residence requirements which include an assessment of your absences from the UK and where you intend to live after making the application;
You will need to pass the Life in the UK Test;
You also need to pass an approved English Language Test – or have an approved degree;
You must meet the “Good Character” guidance, for example no recent or serious criminal convictions, you must not be bankrupt, or associated with those considered to have “bad character”

You may have noticed that the permanent residence application does not require an English language test or a Life in the UK test, but that the Naturalisation application does. EU citizens and their family members will need to pass the Life in the UK Test, which can only be booked online at least 7 days in advance. It costs £50 and there are around 60 tests centres in the UK. You don’t have to take the test if you are over 65.

There are now specific approved English language test centres that applicants will be able to use to satisfy the English language requirement if they do not have a degree. Be sure to check you are sitting an approved test, a retake will be costly.

Once you have met all the requirements for Naturalisation and obtained your naturalisation certificate, you will then be able to make an application for a British passport.

If you are keen to make a Naturalisation application in the near future, stop and remember there is a step to take in between, and start preparing for your permanent residence application.

In perhaps a further demonstration of its current ‘anti-EU’ feelings, the government has imposed an additional administrative burden on EEA nationals wishing to naturalise as British Citizens. From 12 November 2015 all EEA nationals applying to naturalise must include with their application a Permanent Residence Card or other residence document issued by the Home Office certifying that they have acquired permanent residence in the UK. This is a significant change in the law as previously EEA nationals applying to naturalise did not need to submit an official document to evidence that they had obtained permanent residence; it was sufficient to provide documents with their naturalisation application to prove their status.

One of the fundamental principles of the European Union is freedom of movement which allows European nationals to travel and work in the EU member states without restrictions. Once an EEA national has been exercising Treaty rights in the UK for a continuous period of five years he or she will acquire permanent residence and will therefore be able to remain in the UK indefinitely, regardless of economic status. This status is acquired automatically, the EEA national does not need to submit an application to obtain permanent residence.

The recent change in the law means that before EEA nationals can make a valid application to naturalise as British citizens they must first submit an application to a different department of the Home Office for a Permanent Residence Card.

The application fee for a Permanent Residence Card is currently £65. In itself, this fee is not too burdensome but given that European applications usually take six months to be processed and there is no fast track service this change will delay the naturalisation process and add an additional, and in our view unnecessary, layer of administration.

Brexit: Immigration Implications for Employers

July 22 2016

Following the outcome of the EU referendum, many employers and employees are likely to have concerns about the impact on employees’ immigration status and ability to continue to work in the UK.There has been a lot of uncertainty for EEA nationals and their employers as to what their position is in the UK and what will happen when the UK exits the EU.

UK’S CURRENT POSITION AS A MEMBER OF THE EU

The UK is a member of the EU which consists of 28 member states. EU member states have free movement which means that nationals from one EU country can live and work in another country in the EU without requiring a visa (the only limitations are on Croatians taking employment in another EU member state for the first 12 months).

The EU is also part of the EEA which includes Norway, Iceland and Lichtenstein and these additional 3 countries also have rights of free movement. Switzerland, although not part of the EU or EEA, has a bilateral agreement with the EU which allows free movement. Effectively there are 32 countries that apply free movement.

Free movement principles will continue to apply until the UK formally leaves the EU. The UK can start proceedings to leave the EU by giving notice under Article 50 of the EU Treaty. Then there is a two year negotiation period, which could be extended even further with agreement of all 27 member states. The earliest the UK would leave the EU is therefore end of 2018.

Immediate impact – no changes expected

In the short term, we do not anticipate any immediate changes to the immigration rules. The reality is that the UK is still a member of the EU and is expected to be for some time. This means that:

UK employees who are working overseas in an EEA country will be entitled to continue to live and work freely as they currently do; and
EEA citizens will continue to have the freedom to live and work here.

EMPLOYING STAFF FROM EUROPE

Regardless of how long it takes to either invoke or not to invoke Article 50, a major concern is the question of what will happen to the right to employ European nationals. Most businesses rely heavily on European workers to meet their workforce needs.

When the UK exits the EU, in order to access the single market, the UK will need to either join the EEA and have a Norwegian style arrangement or a bilateral agreement with the EU like Switzerland. This should mean that the UK will keep free movement in some form, although the UK Government wants to restrict free movement as much as possible.

The UK may introduce measures to protect its borders to restrict the rights of free movement within the EU. If a work permit scheme is applied to all EU workers, it will be harder for many employers to recruit the staff they need.

PREPARING FOR BREXIT

Although there is some uncertainty about what the UK can negotiate with the EU there are certain steps employers can take now to protect the rights of their EEA employees working in the UK and the British employees working in the EEA.

FAQs

HOW DOES THE VOTE AFFECT MY EEA NATIONALS WHO ARE CURRENTLY EMPLOYED AND THEIR RIGHT TO RESIDE AND WORK IN THE UK?

Bearing in mind that the UK has two years from when notice is given to formally exit the EU, the vote should have no immediate impact on your EEA nationals. After the exit the situation is not so clear and whether there would be immigration control. Employees who are eligible to apply for permanent residence or British citizenship should do so now.

WILL MY EEA NATIONAL EMPLOYEES BE REQUIRED TO LEAVE THE UK AFTER TWO YEARS?

Those EEA nationals who have confirmation of their permanent residence status in the UK should have the permanent right to reside and the UK must honour this status. EEA nationals who have resided in the UK for 6 years or more could also acquire British citizenship.

EEA nationals who have not reached the 5 year point when the UK exits the EU are in a vulnerable position. We expect transitional arrangements to be introduced to protect them and ensure that they can remain in the UK. It is possible some form of immigration controls could be introduced but these would be very difficult to administer.

WHAT ADVICE SHOULD I GIVE TO MY EEA NATIONAL EMPLOYEES WHO ARE CONCERNED ABOUT BREXIT?

Since the UK has up to two years to formally exit the EU, there will be little or no impact in the short term therefore it is business as usual for both employers and employees. However, we advise that for those EEA nationals who currently meet the requirements to apply for permanent residence and citizenship to apply as soon as possible. This will ensure that they are not affected by any changes to the Immigration Rules once the UK formally exits the EU. For those EEA employees who do not qualify for permanent residence or citizenship it is still a good idea to apply for confirmation that they are living and working lawfully in the UK under EU provisions. This confirmation of status is called an EEA Registration Certificate.

Our immigration team can come into your office to provide an ‘immigration drop in’ service for your EEA national employees. Please contact Rose Carey if this is of interest to you or your employees.

WHY SHOULD EEA NATIONAL EMPLOYEES APPLY FOR PERMANENT RESIDENCE OR CITIZENSHIP?

Permanent residence is confirmation that the EEA national has indefinite leave to remain in the UK and they are a permanent resident of the UK. It would be very difficult for the UK to go back on this status and so this means when the UK exits the EU the EEA national will be a permanent resident of the UK recognised under UK law. They will therefore not be subject to any immigration control on their right to reside and work in the UK.

It is also possible to acquire British citizenship through residence. The process is called ‘naturalisation’ and requires applicants to meet residency requirements. Taking British citizenship does not mean the place of domicile is changed so in terms of tax there are very few consequences. Most EEA countries allow for dual nationality as does the UK. However, some countries do restrict dual nationality e.g. Norway and the Netherlands so applicants should always check that they can acquire another nationality with their own national authorities.

WHAT IS THE DIFFERENCE BETWEEN PERMANENT RESIDENCE AND CITIZENSHIP?

Permanent residence allows the holder to stay permanently in the UK. The only way it can be lost is if the holder commits a serious offence (including deceiving the Home Office in an application) or leaves the UK and does not return for 2 years. Holders of permanent residence status cannot vote in most elections. However, they are entitled to NHS treatment and public funds.

Citizenship gives the holder the same rights as a permanent resident and in addition enables the holder to vote in UK elections and a citizen can leave the UK and not come back for a long period e.g. for 20 years and still be a citizen of the UK with the right to reside and work.

WHAT IS THE PROCESS FOR APPLYING FOR PERMANENT RESIDENCE AND CITIZENSHIP?

Applicants naturalising as British must now have evidence of their permanent residence status so in effect most EEA nationals will need to obtain permanent residence first even if they intend on making a citizenship application

Permanent residence is obtained when an EEA national resides in the UK for 5 years and exercises treaty rights e.g. as a worker. Absences must be no more than 6 months a year. The application is made to the Home Office on an application form which requires information about the applicant’s stay in the UK and details of how they have exercised treaty rights. The applicant must also enclose a lot of documentary evidence to support the application. Applicants for permanent residence can be backdated. For example if the EEA national moved to the UK in 2009 they could claim permanent residence in 2014. They would need to supply evidence for the period 2009-2014.

When the applicant has permanent residence they can apply to naturalise as British. Unless they are married to a British national they must have held the permanent residence status for 12 months. This is why it is advisable for permanent residence applicants to ask for their status to be backdated at least 12 months.

Applicants must meet the English requirements and knowledge of life in the UK. This will usually involve sitting an English language test and the Life in the UK Test.

The applicant must also show that they meet the residency requirements for citizenship which are no more than 450 days’ absence from the UK in the last 5 years and no more than 90 days’ absence in the last year. The Home Office can exercise discretion for absences in excess of these limits.

IF EMPLOYEES DO NOT QUALIFY YET FOR PERMANENT RESIDENCY OR CITIZENSHIP IS IT WORTH THEM APPLYING FOR THE EEA REGISTRATION CERTIFICATE?

Yes, it is advisable for EEA national employees to apply for this document. It confirms their status under EU law and that they have a right to reside and work without immigration control. When the UK exits the EU it makes it easier to show that they were exercising rights under EU law pre the exit and therefore should benefit from any transitional arrangements in place. Also, if the UK implements a cut off for when transitional arrangements will apply this will help show which group they are in. The Government has talked about introducing a cut off for possible transitional arrangements.

An application for the EEA Registration Certificate should also include evidence to show when the applicant first came to the UK e.g. if they moved to the UK and started work in 2014 the evidence should be supplied from this date so it is clear in Home Office records when they were first here.

AS AN EMPLOYER DO WE NEED TO DO ANYTHING IN RELATION TO RIGHT TO WORK CHECKS FOR EEA NATIONALS?

On the basis that the UK has up to two years to formally exit the EU, you are not required to do anything differently. You should be checking all employees’ right to work in the UK by seeing their original right to work documents and taking copies. For EEA nationals this would be the original passport or ID card.

EEA nationals come under List A documentation checks which means you only need check their documents once before their employment commences.

If the UK introduces immigration control after the exit then you will need to take advice nearer the time as to whether any of your EEA national employees will be subject to repeat right to work checks.

HOW CAN WE EMPLOY STAFF FROM THE EEA AFTER THE UK EXITS THE EU?

It is not clear at this stage what type of relationship the UK would have with the EU after the exit. We may be part of the EEA like Norway or have a bilateral agreement with the EU like Switzerland. The EEA and Switzerland have agreed to free movement so it is possible that not very much will change and we will keep free movement in place. The UK is keen to impose restrictions on free movement so it really depends on what can be agreed with the EU. The EU may agree to limited restrictions on free movement.

If there are restrictions on free movement then workers from the EEA may require a visa to work in the UK. It is unlikely visas will be required for short business trips. A work visa for EEA nationals could be a new system the Home Office creates or we could use the current Points Based System. The Points Based System enables employers to sponsor workers to work in the UK. This sponsorship requires the employer to be licensed with the Home Office to provide sponsorship and it is limited to professional skilled roles at a certain salary.

WHAT ABOUT BRITISH NATIONALS EMPLOYED IN THE EEA?

British citizens who are living and working in another EEA member state should be able to qualify for permanent residence in the same way an EEA national would qualify in the UK. The process will vary slightly from country to country but the principles are the same i.e. they must have exercised treaty rights for 5 years. It may also be possible for the British national to acquire nationality in that country based on their residence. Nationality law does differ from country to country and is not regulated by the UK but in most EEA countries it is usually possible to acquire citizenship after 5 or 6 years residency.

Those British nationals with ancestry of another EEA country might able to acquire a passport e.g. an Irish born grandparent.

Having permanent residency in another EEA member state would give rights to reside permanently in that country. To benefit fully from free movement people may need nationality of another EEA country

Brexit and EU nationals in the UK: what to do now? NOTHING!

Nothing happens for at least 2 years
Absence of assurance
Who is most at risk?
Get residence documents
Get permanent residence documents
Naturalisation as a British citizen
Waiting times

On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.

I say this because there are estimated to be over 3 million citizens of other EEA countries living in the UK. The total number may be higher if their family members (spouses, parents, others) from outside the EU is taken into account. The total population of the UK is around 65 million, meaning these EEA citizens are around 5% of the total population. Despite the fact that the referendum might profoundly affect their future, they were not allowed to vote. Like phantoms they were able to see and hear but were unheard and unheeded. They had to look on helplessly as the British people, media and politicians talked about them and never to them, misrepresenting their motives and their contribution to this country.

Many, probably the vast majority, do not have residence documents because under EU law they do not need them. The Home Office does not know who they are, where they are or anything about them. What happens to them now? Is there anything that they can do to affect their own futures?

Nothing happens for at least 2 years

The first point to make here is that the referendum on 23 June 2016 has no immediate legal effect and does not change anybody’s legal status. The UK is still a Member State of the European Union and free movement laws continue to apply at the moment. Citizens of other EU countries and their family members living in the UK are still living here lawfully and can freely leave and re-enter the country.

For the UK to leave the European Union, the British Government will need to invoke or trigger Article 50 of the Treaty on European Union. This is the legal means by which a Member State may voluntarily leave the European Union. It states that unless the departing country and the rest of the EU can agree something different, the departing country will cease to be a member 2 years after Article 50 is invoked.

The British Government has not yet invoked Article 50. We do not know when that will occur. Once Article 50 is triggered, free movement laws will cease to have effect 2 years after that date. In the meantime, all laws of the European Union will continue to operate as before. After the end of the two year period, though, free movement laws will cease to have effect and any EU citizens and their families in the UK will become unlawfully resident unless some specific provision is made for them.

Absence of assurance

westminster parliamentAs previously discussed on the blog, outgoing Prime Minister David Cameron and other Government spokesmen have refused to give assurances on what will happen to EU nationals currently living in the UK. The latest the Government is able to offer is this:

When we do leave the EU, we fully expect that the legal status of EU nationals living in the UK, and that of UK nationals in EU member states, will be properly protected.
It seems that the current Government is unwilling to commit the next Government and is wary of losing a potential bargaining chip in the coming negotiations. The rights of EU nationals in the UK have been repeatedly linked to the rights of British citizens living in other EU countries. A motion was tabled in the House of Commons urging the Government to make arrangements, but only 273 MPS voted on it out of 650 and the motion does not bind the Government.

So, we do not know what sort of settlement the next UK Government will seek with the EU nor what sort of residence rights might be offered on what legal basis. We can be confident that something will be offered, but we do not know what or to whom. Will arrangements only be made to those with permanent residence or to those with lesser residence rights as well? What will be the arrangements for family members? What about EU nationals living in the law lawfully but who have not acquired rights of residence under EU law, perhaps because they do not have comprehensive sickness insurance? I don’t know and nor does anyone else.

If the UK were to join the EEA and be permitted to emulate the Norwegian model, free movement laws would probably be unaffected. Everything would continue as it has. No-one would need to apply for residence documents and those with a right of residence could continue and acquire permanent residence then naturalise as British if they wanted to. We would still have left the EU but would voluntarily sign up to some of its rules in order to access the Common Market. However, joining the EEA seems politically impossible at this time, even if it is legally consistent with the referendum outcome. The referendum morphed into a plebiscite on free movement and as things stand there is a democratic imperative to withdraw from European free movement of people.

Who is most at risk?

Despite the unforgivable reticence of the Government to make any commitment on the future of EU nationals, it still seems highly likely that generous transitional arrangements will be made if the UK does not join the EEA. Those most likely to benefit are

1. EU nationals and family members who have already acquired permanent residence and

2. EU nationals who have an EU right of residence but have not yet acquired permanent residence, and their family members.

This leaves three potentially big groups vulnerable:

1. EU nationals and family members who do not have the EU right of residence but are living in the UK anyway. Immigration lawyers are fielding queries from long term resident EU nationals who have never worked or been self employed and who do not have comprehensive sickness insurance so do not qualify for a right of residence through self sufficiency or studies either. There could easily be hundreds of thousands of such people living in the UK who have never previously needed to worry about their situation.

2. Third country nationals from outside the UK who derive a right of residence through a family member who is a British or other EU citizen. Through cases such as Baumbast and Zambrano the Court of Justice of the European Union has expanded residence rights beyond those set out in the Citizens Directive. The Government has never liked this and I fear that this group will not be generously treated. The numbers are probably relatively small but could still run to tens of thousands.

3. Third country nationals from outside the UK who are family members of British citizens who have benefited from the Surinder Singh right of return in EU law. This is also a creation of case law and something the UK Government has always resisted, but the numbers are probably just in the thousands. In legal terms, some specific provision might have to be made for them and there is perhaps some danger that it will not be.

Of those EU nationals and their family members who potentially have a right of residence or permanent residence but do not yet have formal confirmation in the form of a residence certificate or card, those most at risk are the self sufficient or students with no clear comprehensive sickness insurance and the self employed. The Home Office has taken a hard line on both groups and the documentation that the Home Office requests to prove self employment is extremely onerous. See Appendix A of the Home Office guidance notes. In fact all these documents are not necessary as a matter of EU law and there is a strong argument that the Home Office is in breach of free movement laws, but now is not a great time to be standing on principle.

Get residence documents

This post is based on extracts from my ebook on making EU free movement applications in the UK. Click the cover to download the contents and first few pages.
Click to find out more and download the contents and first few pages.
I am reluctant to advise people to do something I do not know for sure they need to do. However, applying for residence documents is cheap at only £65 for an application and it offers clarity about a person’s current status.

I would recommend that EU nationals and family members apply for residence certificates or cards as soon as possible. It is perfectly feasible to do this without a lawyer. You do not need to use the Home Office forms but may find it convenient to do so. You can find the forms here. I’ve written an ebook on making EU residence applications which may prove helpful if you are unsure.

A person who has a job will usually find it easy to apply because the documents required as proof are easy to come by. Basically all that is needed is a letter from the employer but a wage slip and/or contract of employment will put it beyond doubt. A self employed person will find it a bit harder but it is still fairly straightforward. Low or irregular earnings could be problematic and I will try and write some guidance on that soon. A student or a self sufficient person will need to make sure they have comprehensive sickness insurance.

EU nationals and family members who do not qualify for the right of residence should do whatever is necessary to make sure that they do. As explained above, a person who is self sufficient or a student (including children in education in school) but who does not have comprehensive sickness insurance does not have a right of residence. So buy comprehensive sickness insurance or ensure that you are covered by reciprocal health insurance arrangements.

Get permanent residence documents

I would advise anyone who thinks they qualify for permanent residence to make an application for a permanent residence certificate or card. This is partly to get ready for any transitional arrangements but is also to give people who do not qualify now a chance to make sure they do qualify. To put it another way, it will be at least two years before EU free movement law ceases to apply and that may be enough time for some people to ensure they do qualify for permanent residence, or at least are on the road to doing so.

I’ve written previously on how to make a permanent residence application and will not repeat that all here. In short, you need five continuous years of a qualifying activity. The five year period could be any five year period, not just the last five years. You could use the years 2002 to 2007 if you wanted to. You can also “mix and match” your qualifying activities, so you can combine say 2 years to employment with 3 years of being a student.

how to apply for permanent residence guide

For those in continuous employment, the documents are easy to put together. Five P60s and letters from employers or contracts of employment should be sufficient. If you have changed employers you will need to work a little harder to get the documents together. If you have been out of work for more than 6 months you may need evidence of seeking work and being registered as unemployed or that you were self sufficient and had comprehensive sickness insurance.

EU citizens from the “A8” countries need to be careful that they are not relying on a period of employment during the currency of the Worker Registration Scheme when the person was not in fact registered. Any such period of work will be deemed by the Home Office to be unlawful and will be discounted when calculating eligibility for permanent residence. It can also become a problem in applying for naturalisation as a British citizen later down the line if it has been disclosed to the Home Office. For some further information on this see this earlier post: Worker Registration Scheme causing problems with British citizenship for some children.

For those who are self employed, the documents are a bit harder to put together. Evidence of being registered self employed and five years of tax returns and National Insurance payments may be sufficient if your income has been good but the Home Office asks for all sorts of additional documents.

If you have been self sufficient or a student for five years (or for part of the five year period) you will need to produce evidence of comprehensive sickness insurance.

The most difficult cases are those involving what are called “retained rights of residence” for family members of EU nationals who are not themselves EU nationals. These retained rights can protect family members in the event of death, departure from the UK or divorce of the EU national but the conditions are quite strict and it is likely that specific legal advice will be needed.

There are also provisions that protect workers and the self employed who have retired or ceased their activity, and they can still potentially qualify for permanent residence (and indeed can qualify in a shorter period than five years in some cases). Again, specific legal advice might be useful in such cases.

Naturalisation as a British citizen

passport

Some EU citizens or family members may wish to naturalise as family members. However, it is important to be careful about this because the UK Government now says that the family members of dual citizens cannot benefit from EU free movement law. Prior to 2012 the Giovernment had no problem with dual citizenship but in response to a case called McCarthy the Home Office changed its approach. It is arguable that the current UK approach is unlawful in EU law but, I say again, this is no time to be standing on principle.

Another thing to consider carefully is whether your current country of nationality allows dual citizenship. In British nationality law it is not a problem being a citizen of another country at the same time. That is not true of all countries and some countries even automatically terminate your citizenship if you become a citizen of another country. I know a lot about British nationality law but nothing about nationality law of other countries, so I cannot help with that, I am sorry.

I intend to write a guide on applying for naturalisation as a British citizen but it may be a while before I get a chance. It is a fairly straightforward type of application, although it is expensive. You can find out more here on the gov.uk website.

The main issue for EU nationals or family members is that you need to have had permanent residence for a year at the time you apply and you also, separately, need to hold a permanent residence certificate or card at the time you apply. I have written about this previously here: EU nationals must apply for permanent residence card for British nationality applications.

Home Office officials are often giving out incorrect information on telephone hotlines and claiming that a person must have held a permanent residence certificate or card for a year before applying for naturalisation. This is incorrect. Permanent residence is acquired automatically whether or not the person has a certificate or card. I repeat the example from that earlier blog post:

Example
Cecile is a French national. She has resided in the UK since 2002 as a worker; she found a job within weeks of arriving and has worked more or less continuously ever since, with a short break of a few weeks between jobs.

She automatically acquired the right of permanent residence in 2007, five years after she entered the UK. She never applied for a permanent residence certificate because she did not need to.

Worried about what will happen when the UK leaves the EU, she decides to naturalise as a British citizen. She applies for a permanent residence certificate in July 2016 and it is issued in December 2016. As soon as she has the permanent residence certificate, she is eligible to apply for naturalisation (assuming she meets the other criteria, such as good character). This is because she now has a permanent residence certificate and she has had permanent residence since 2007, which is more than the required 12 months.
Waiting times

Image credit: Dafne Cholet, on Flickr
Image credit: Dafne Cholet, on Flickr
The waiting times for EU residence documents are thought to be long at the moment, but nobody is sure how long (see this earlier post: Waiting times for EEA residence applications.)

The Home Office is obliged in EU law to issue such documents within 6 months of application but has been known to breach this provision. With so many people now likely to be making applications and with the Home Office insisting on such voluminous collections of documents to be submitted and being notoriously inefficient and badly run it seems likely that waiting times will grow.

Many people have real difficulty submitting their passport with an application because they need it for travel. Using a national identity card instead is one possibility, or applying for a second passport for travel purposes, which some governments allow.