?Naturalisation without worker status in the year 6

[Bella01]

Hi there,

My husband and I are EEA national from A8 country. We both have a PR Confirmation (following EEA3 application) from October 2013, so we would like to apply 1 year after the issue date of the PR Confirmation (EEA3) for naturalisation.

In this case, there is no need to prove treaty rights again and normally just
passport + LIUK + english requirement + proof of residence of the last 12 months are required.

I received my PR Confirmation (EEA3) in October 2013, at this time I was pregnent and I worked for an agency just from July 2013 so when my baby was born in November 2013 the agency did not pay SMP for me and I applied for Maternity Allowance. I had MA from November 2013 till end of July 2014 (9 months) without worker status (according to the agencys T`s & C`s they canceled our contract when I had my baby or something like this). I also applied for Child Benefit. My husband has a full time job.

1. I don`t need to prove treaty rights again, but is it going to be a problem that I did not work from November 2013?
2. Can be a problem that I receive Child Benefit?
3. Form AN Section 3.1 What is your occupation?
3.2 Are you an employee? a business partner? self-employed? a director?
What should I write there if I am at home with my baby?

Many thanks

[Jambo]

1. No problem.
2. No problem.
3. Unemployed / stay at home mum. Leave blank. Doesn't really matter

Small correction to documents required. You don't need to prove residence for last 12 months but the full 5 years of residence required for naturalisation. The PR doesn't prove you meet the naturalisation requirements (as PR requirements are different). Normally a passport is enough to prove residence (even for EEA nationals).

[zonkkk]

Normally a passport is enough to prove residence (even for EEA nationals).

What is your statement (regarding EEA nationals) based on?

This is the main issue I need to sort out before I submit my wife's and my naturalisation application.

I have been working here for the same employer since Sept. 2008. I came to live here with my wife and daughter that month, but we have no stamps in our passports showing entry/leaving dates in the UK. We have only been away from the UK for about 80 days in the whole of the 6 years.

[Jambo]

This is based on experience from people in the forum. In most cases, for naturalisation the caseworker don't ask more than just the passport. In some cases, they write back to you asking for evidence. However, if you need to prove treaty rights, you will need to provide additional evidence.

[Bella01]

Small correction to documents required. You don't need to prove residence for last 12 months but the full 5 years of residence required for naturalisation. The PR doesn't prove you meet the naturalisation requirements (as PR requirements are different). Normally a passport is enough to prove residence (even for EEA nationals).

Thank you Jambo

I wrote this because I had the following information from helpline 0300 HO yesterday:
> Send
passport
PR certificate (that cover the first 5 years)
bank statements or a bill or tenancy agreement or letter from employer to prove residence of the last 12 months.
And because we have the PR certificate from a year we can leave blank AN Section 2.4-2.6 (as we already prove our treaty rights when we sent our EEA3 applications) >

I hope they gave me the correct information
Anyone who already had the same experience with this?

Zonkkk - I was thinking about the same, that we never had to use our passports really (no stamps) and my passport is valid from 2011 (the previous expired in 2009, I used my National Identity card instead of passport)

[phyrrus]

Small correction to documents required. You don't need to prove residence for last 12 months but the full 5 years of residence required for naturalisation. The PR doesn't prove you meet the naturalisation requirements (as PR requirements are different). Normally a passport is enough to prove residence (even for EEA nationals).

Greetings everyone,

Jambo, you wrote in Q5 on the 'Read before posting post' about applying for naturalisation as EEA national via acquiring PR first and then applying after 1 year or more.

"
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required. "

So if I do get PR first and then wait for at least 1 year, what would be the procedure for applying for naturalisation. Should I still use form AN? What do you mean by 'just your passport and life in the UK test'?

[Jambo]

Small correction to documents required. You don't need to prove residence for last 12 months but the full 5 years of residence required for naturalisation. The PR doesn't prove you meet the naturalisation requirements (as PR requirements are different). Normally a passport is enough to prove residence (even for EEA nationals).

Greetings everyone,

Jambo, you wrote in Q5 on the 'Read before posting post' about applying for naturalisation as EEA national via acquiring PR first and then applying after 1 year or more.

"
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required. "

So if I do get PR first and then wait for at least 1 year, what would be the procedure for applying for naturalisation. Should I still use form AN? What do you mean by 'just your passport and life in the UK test'?

As opposed to option 1 that requites proof of treaty rights. You still need to apply using the same process (form AN, fee etc).

[phyrrus]

Ok, so if I understood this correctly if I have a document certifying permanent residence (i.e. residence card or whatever) I would still need to fill section 2( residence requirement section)in the AN form with the same info I provided in the EEA3, and for the accompanying documents for the AN form to proof residence requirements I would stick my PR card or PR certificate alone without P60, bank statements, university letters erc.etc., is that right Jambo?

[Jambo]

Almost.

The PR Confirmation card only proves PR. It doesn't prove residence. If you apply 1 year after the issue date, then using the PR card saves you to send all the treaty rights evidence (P60s, university letters etc) that you used for the EEA3 application. If you don't wait 1 year after the issue date, you will need to provide that information.

To provide residence (the 5 years prior to the application which is a requirement for naturalisation), normally only the passport is enough. You ask why just the passport is enough? This is because the naturalisation team is not asking for more while the European Cases team (for EEA applications) do ask. No much consistency within different departments in the HO.

[Bella01]

Please help!!!

I called an NCS office to book an appointment for my husband and for myself. The lady told me I have to bring all the P60-s from the last 6 years that prove I have been exercising EC Treaty Rights for the last 6 years.
I told them as far as I know I don`t have to as I was applying for EEA3 last year and I received the document that certifing PR.
The lady checked with the HO over the phone and she had the information from the HO:
Even that I have that document that certifing PR I have to send all my P60-s from the last 6 years to prove I have been exercising my treaty rights.

Please help me out!!!

I was on maternity leave for 9 months (WHITOUT worker status!!! no contract with employee)

I had a different answer from HO a month ago. Who can I beleive?
(after this I called an other NCS office they did not give any information)
Any experience?