ILPA (Immigration Law Practitioners’ Association), to whom Barar & Associates is a member, recently sent a letter to the Home Office to raise their concern pertaining to issues faced by EEA nationals, who when either seeking to naturalise as a British national, or upon naturalisation, have faced obstacles to renewing their British passports.
Once an EEA national is deemed to hold Permanent Residence (PR), they are no longer required to exercise their EU Treaty Rights in order to continue to reside in the UK. The only obligation remaining upon them is to not be absent from the UK for more than 2 consecutive years so that they do not lose their PR status.
Lately, some EEA nationals who were seeking to naturalise after acquiring PR, were required to provide further proof of residence for the period which followed the issuance of their PR. Proof of activity for this period were also requested. This imposed an unnecessary requirement upon them by suggesting that they provide further evidence of exercising EU Treaty Rights after the PR period.
ILPA members have reported that nationality caseworkers are refusing to accept alternative evidence of residence which are not related to exercising EU Treaty Rights. This is concerning as it suggests that a de facto requirement has been placed upon EEA nationals to continue to demonstrate that they are exercising EU Treaty Rights after the issuance of their PR.
ILPA’s letter requests that the Home Office clarifies the situation. Barar & Associates will keep you updated on any further developments regarding this issue.
Barar & Associates team will be pleased to assist you should you wish to apply for Permanent Residence Card or British naturalisation. Please get in touch.
