AN1 married to British citizen - list of documents required

[airi]

Hello! I would really appreciate some help with a couple of questions related to the documents I would be required to have with me at an NCS interview.

Here is my situation:
I am a (Romanian) EU citizen married to a British citizen.
I arrived in the UK in 2010, using my National Identity Card as a travel document.
I got married to my husband, who is a British citizen, later in 2010.
My National Identity Card (which showed my maiden name and address in my country of birth) expired in 2012, however before it expired I obtained a Provisional Driving License, showing my married name and current address.
I have not been outside the UK since summer 2010.
Since my marriage I have been a homemaker. I was employed part-time for a few months in 2011-2012, before having my daughter, but not since then.

I have just read the list of documents I would have to produce at an NCS interview, and my questions relate to the first three points on the list:

• Passport to cover the three year qualifying period
  Confirmation of immigration status
  If no passport then alternative evidence of residence to cover the oustanding qualifying period is required

My first question is: what should I bring as 'evidence of residence'? As explained above, I do not possess a passport. I have not been employed, except during the few months mentioned above, nor have I been in education, nor have I received any benefits except child benefit after the birth of my daughter in 2012. Among the examples of alternative evidence of residence there is a mention of "letters from DSS confirming receipt of [...] child benefit" (I'm guessing the NCS haven't revised their form in a while, since there is no more DSS as far as I know). Obviously I have no such letters, since nowadays the payments are made directly into one's bank account, with no accompanying letters.
Would they accept print-outs of bank statements showing my receipt of child benefit? Is there anything else I could bring as evidence of residence? (They say no utility bills, but those would be in my husband's name anyway. Would they accept council tax letters?)

My second question is: what should I bring as 'confirmation of immigration status'? Common sense would make me believe my EU birth certificate and expired National Identity Card would be proof enough of my 'immigration status', but I know bureaucracy does not necessarily function according to common sense. Could someone please advise what I would need to submit?

Thank you very much for your help!

PS: Just had a thought: would the fact that I have a National Insurance Number constitute a 'confirmation of my immigration status'? Thank you.

[noajthan]

Hello! I would really appreciate some help with a couple of questions related to the documents I would be required to have with me at an NCS interview.

Here is my situation:
I am a (Romanian) EU citizen married to a British citizen.
I arrived in the UK in 2010, using my National Identity Card as a travel document.
I got married to my husband, who is a British citizen, later in 2010.
...
Since my marriage I have been a homemaker. I was employed part-time for a few months in 2011-2012, before having my daughter, but not since then.

I have just read the list of documents I would have to produce at an NCS interview, and my questions relate to the first three points on the list:

• Passport to cover the three year qualifying period
  Confirmation of immigration status
  If no passport then alternative evidence of residence to cover the oustanding qualifying period is required

My first question is: what should I bring as 'evidence of residence'? As explained above, I do not possess a passport. I have not been employed, except during the few months mentioned above, nor have I been in education, nor have I received any benefits except child benefit after the birth of my daughter in 2012.

...

My second question is: what should I bring as 'confirmation of immigration status'? Common sense would make me believe my EU birth certificate and expired National Identity Card would be proof enough of my 'immigration status', but I know bureaucracy does not necessarily function according to common sense. Could someone please advise what I would need to submit?

Thank you very much for your help!

PS: Just had a thought: would the fact that I have a National Insurance Number constitute a 'confirmation of my immigration status'? Thank you.

First question - for evidence of residence.
In terms of official & government letters, do you have any Government or local government or health service correspondence relating to your daughter? (perhaps about health care/immunisation & education or pre-school activities).
Any bank & council (tax) letters or tax office letters in your name would help too.
Include any correspondence about your driving licence/application &/or parking permit applications (etc).
Anything related to voter's registration and any recent polling cards, etc.
In fact anything from officialdom.

Note, if you do not have ILR the qualifying period will (unfortunately) be 5 years even when married to a British citizen.
See para 2 here:
https://www.gov.uk/government/uploads/s ... n_2015.pdf

Second question:
You need to demonstrate you have been resident in UK while exercising treaty rights for 5 years; (it's just 5 years as you have a British spouse).
A PR card card would help but is not compulsory. Without one, as the guide explains, there may be delays in processing your application.

Note: You also have to show you were physically present in UK on the day 5 years before HO receive your application.

Have you gone through the documents detailed in this latest guide?
- note it doesn't seem to mention "DSS" so you may be quoting an older version(?):
https://www.gov.uk/government/uploads/s ... l_2015.pdf
- see page 16 onwards

I think you would fall into the 'self-sufficiency' category for EEA nationals so you would need to show you had comprehensive health insurance, (CSI); for example, a Romanian EHIC card (or equivalent).

A N.I. number (& any official letters about it) would probably help as one piece of evidence for residence but will not really help with immigration status.

Good luck.

[noajthan]

This forum FAQ may help too - see Q5:
british-citizenship/citizenship-faqs-co ... 95747.html

[airi]

Thank you lots for your replies, noajthan!

It seems I am more confused than I thought I was - please don't shoot me!

I now have more questions, sorry for that.

So, my previous (presumably totally wrong?!) understanding was that as a EU citizen who is the spouse of a BC I already have ILR.
For example this page https://www.gov.uk/eea-registration-certificate says:

You don’t need a registration certificate if you have a family member who is a qualified person

I thought my BC spouse is a 'qualified person', but it seems I was wrong?

In any case I already have 5 years of residence, and in August I will actually have 5 years of continuous residence, with not one day of absence from the UK.

How can I show that I have been physically present in the UK on a particular day? I thought that would be up to the officials to check.

As the spouse of a British citizen, why do I have to qualify as a 'self-sufficient' person? I am quite sure I do not have a CSI (nor have I had an EHIC). Does that mean that I would first need to take one and then wait for a further 5 years?

So sorry for all the questions! I read the documents on the gov.uk website multiple times, but it seems I'm still very unclear on many things.
The one with the DSS reference comes from a local government website, maybe that's why it's dated.

Thank you lots for all your help.

[airi]

Ah, forgot to add: I might be mistaken again, but I thought a National Insurance number is only given to people who have a right to live and work in the UK?

[noajthan]

Thank you lots for your replies, noajthan!

It seems I am more confused than I thought I was - please don't shoot me!

I now have more questions, sorry for that.

So, my previous (presumably totally wrong?!) understanding was that as a EU citizen who is the spouse of a BC I already have ILR.
For example this page https://www.gov.uk/eea-registration-certificate says:

You don’t need a registration certificate if you have a family member who is a qualified person

I thought my BC spouse is a 'qualified person', but it seems I was wrong?

In any case I already have 5 years of residence, and in August I will actually have 5 years of continuous residence, with not one day of absence from the UK.

How can I show that I have been physically present in the UK on a particular day? I thought that would be up to the officials to check.

As the spouse of a British citizen, why do I have to qualify as a 'self-sufficient' person? I am quite sure I do not have a CSI (nor have I had an EHIC). Does that mean that I would first need to take one and then wait for a further 5 years?

So sorry for all the questions! I read the documents on the gov.uk website multiple times, but it seems I'm still very unclear on many things.
The one with the DSS reference comes from a local government website, maybe that's why it's dated.

Thank you lots for all your help.

Airi,
No, you won't have ILR simply by having a British spouse; also a British citizen is not usually a qualified person either.

ILR is usually a non-EEA route to naturalisation under UK 'immigration rules'.
You, as an EEA national, will normally be subject to EEA regulations and so need to demonstrate your permanent residence after exercising treaty rights.

Unfortunately a British national is not (usually) a qualified person unless they have worked abroad in EU (& when accompanied by you there).
Ref: section 2.2 in this caseworker's guidance:
https://www.gov.uk/government/uploads/s ... ction3.pdf

The UK is also a member of the EEA; however, a British national cannot exercise a Treaty right in the UK because by definition a Treaty right is something that is exercised by an EU national when in another Member State.

You would prove your presence in UK (5 years earlier than date of naturalisation application) with the documents you may have from the time;
(it's unlikely you will have a UK entry stamp in your passport).
If you were married in UK in the same year as you arrived then papers & documents from that happy event will help.

For naturalisation you need to be free from immigration time restrictions.
To do that you need to show you were here as a qualified person for 5 years.

A self-sufficient person is one of the types of qualified persons (under EEA regulations). The others are worker/jobseeker, student, self-employed, etc.
You can file under the category of your choice if you meet the relevant requirements.
For example, a self-sufficient person needs to show they had CSI.

If you are not already a qualified person, with time spent in UK under one or more of the various categories, then you would need to start the clock from now.

Sorry to say it is tricky but you are sure to find plenty of help & guidance here.

[noajthan]

Ah, forgot to add: I might be mistaken again, but I thought a National Insurance number is only given to people who have a right to live and work in the UK?

My understanding is people can get a NI number when they have the right to work or study in the UK.
I don't think it means they necessarily have a permanent right to stay in the UK.

NI numbers don't seem to confirm identity or immigration status or how long someone has been in the UK
For example I remember a big scandal broke a few years ago about illegal immigrants being granted NI numbers.