Eligibility for naturalisation

[salsarocks]

Hi,

Please see my story below and let me know if I am eligible for naturalisation.

I am an EU citizen that came to UK to study in 2000. After finishing my studies I worked here for another 9 years and I left to go back to my country (to do my obligatory military service) in 2009. I returned to uk in 2012 and since then I live and work in uk. I was automatically granted indefinite leave to remain in 2006 which I have not lost as between 2009 and 2012 I flew back to London for a couple of days (eliminating the 2 year absence rule)

Additionally both my kids have British nationality as they were born here and I am a settled eu citizen.

Am I eligible for naturalisation?

Thank you

[noajthan]

If on EU rules how did you get ILR?

Why did you not acquire PR?
Do you have a PR card?

[salsarocks]

If on EU rules how did you get ILR?

Why did you not acquire PR?
Do you have a PR card?

PR was granted automatically on 30/4/2006 (old rules)

Sorry - I meant PR instead of ILR in my original post

[noajthan]

If on EU rules how did you get ILR?

Why did you not acquire PR?
Do you have a PR card?

PR was granted automatically on 30/4/2006 (old rules)

So its PR not ILR.

I think continuity of residence can be maintained despite a 12 months absence for good reason ; eg military service.

Not sure about 3 years & I'm on cellphone so can't check.
Suggest dig into that: Reg 3 of Immigration Regulations.

If you lost PR, the PR clock will have restarted in 2012 so let it run to 2017.

[salsarocks]

I believe it is up to 450 days of absence in 5 years

[noajthan]

I believe it is up to 450 days of absence in 5 years

Yes thats for citizenship.
But you need to be sure you kept your PR.

Looking at reg 3 it looks like you did:
http://www.eearegulations.co.uk/Latest/ByPage/part1_3

[salsarocks]

I have recently applied for the PR card as it is prerequisite for naturalisation. I have included all P60s and relevant docs so there shouldn't be any problem in getting the PR.

My 2 questions are the following:
1) I will apply for AN1 straight after receiving the PR card. Do I have to resend all the documents (P60s, payslips etc) that proved that I was eligible for permanent residence card (and hence naturalisation) or HO can find these as I will mention the PR card number in the AN1 form?

2) I saw that there is a pilot scheme where I can apply for naturalisation and passport issuance jointly. Do I have to go via NCS or can I simply fill in the AN1 form and passport form and send them to HO myself? (saving about £85 for NCS visit)

Thank you

[CR001]

1. Only the PR document will be required.

2. The joint application scheme is ONLY available through NCS. So no, you cannot just fill in the forms yourself and send them.

[salsarocks]

Thanks.

So the PR card will state that I became a permanent resident in 2006 and although I was away for almost two years I still didn't breach the 2-year clause as I was back before 2 years have passed.

However, if I apply now for AN1, 5 years before AN1 application date will coincide with the time I was away. Will that be a problem or since the PR started clocking in 2006, it should be fine?

Thank you

[CR001]

Citizenship is only based on the qualifying period which is 5 years immediately preceding the date of application. If you apply on 10th July 2016, then you must have been physically present in the UK on 10th July 2011. This rule applies to ALL applicants, regardless of their nationality.

[noajthan]

Thanks.

So the PR card will state that I became a permanent resident in 2006 and ...
...

The card does not state the date of acquisition of PR. It only states the expiry date and the issue date (of the card) which can be (considerably) different.

[salsarocks]

1. Only the PR document will be required.

But what about this - that implies that I have to resend all P60s, payslips etc.?:
APPLICATIONS MADE ON THE BASIS OF RESIDENCE IN THE UNITED KINGDOM
Evidence of lawful residence during the 5 (or, if the applicant is married to or in civil partnership to a British citizen, 3) years before the date of the application
• Your passports OR say why you are unable to provide one on page 24 and supply
• Letters from employers, educational establishments or other Government Departments indicating the applicant’s presence in the United Kingdom during the relevant period

[noajthan]

But what about this - that implies that I have to resend all P60s, payslips etc.?:
APPLICATIONS MADE ON THE BASIS OF RESIDENCE IN THE UNITED KINGDOM
Evidence of lawful residence during the 5 (or, if the applicant is married to or in civil partnership to a British citizen, 3) years before the date of the application
• Your passports OR say why you are unable to provide one on page 24 and supply
• Letters from employers, educational establishments or other Government Departments indicating the applicant’s presence in the United Kingdom during the relevant period

The evidence needed for confirmation of PR had to include evidence of treaty rights and residence - as per EEA Regulations.

Under the BNA for naturalisation (completely different legislation and requirements) you have to demonstrate your residency in UK for 5 or 3 years for a different purpose.

Those on UK route can use stamped passports; as you are on the EU migration route (no stamps in passport) you have to prove residence in other ways.

[salsarocks]

But what about this - that implies that I have to resend all P60s, payslips etc.?:
APPLICATIONS MADE ON THE BASIS OF RESIDENCE IN THE UNITED KINGDOM
Evidence of lawful residence during the 5 (or, if the applicant is married to or in civil partnership to a British citizen, 3) years before the date of the application
• Your passports OR say why you are unable to provide one on page 24 and supply
• Letters from employers, educational establishments or other Government Departments indicating the applicant’s presence in the United Kingdom during the relevant period

The evidence needed for confirmation of PR had to include evidence of treaty rights and residence - as per EEA Regulations.

Under the BNA for naturalisation (completely different legislation and requirements) you have to demonstrate your residency in UK for 5 or 3 years for a different purpose.

Those on UK route can use stamped passports; as you are on the EU migration route (no stamps in passport) you have to prove residence in other ways.

Such as?

[noajthan]

But what about this - that implies that I have to resend all P60s, payslips etc.?:
APPLICATIONS MADE ON THE BASIS OF RESIDENCE IN THE UNITED KINGDOM
Evidence of lawful residence during the 5 (or, if the applicant is married to or in civil partnership to a British citizen, 3) years before the date of the application
• Your passports OR say why you are unable to provide one on page 24 and supply
• Letters from employers, educational establishments or other Government Departments indicating the applicant’s presence in the United Kingdom during the relevant period

Um, see above.

[salsarocks]

But what about this - that implies that I have to resend all P60s, payslips etc.?:
APPLICATIONS MADE ON THE BASIS OF RESIDENCE IN THE UNITED KINGDOM
Evidence of lawful residence during the 5 (or, if the applicant is married to or in civil partnership to a British citizen, 3) years before the date of the application
• Your passports OR say why you are unable to provide one on page 24 and supply
• Letters from employers, educational establishments or other Government Departments indicating the applicant’s presence in the United Kingdom during the relevant period

Um, see above.

Sorry but I'm getting confused now.

So I DO have to send P60s/payslips for the last 5 years?

[noajthan]

Um, see above.

Sorry but I'm getting confused now.

So I DO have to send P60s/payslips for the last 5 years?

Its about proof of presence and residence in UK (not tax/salary as such) so use letters from employers (etc).

[salsarocks]

Um, see above.

Sorry but I'm getting confused now.

So I DO have to send P60s/payslips for the last 5 years?

Its about proof of presence and residence in UK (not tax/salary as such) so use letters from employers (etc).

It might be easier to provide P60s and payslips. Will they be accepted?
Additionally, will council tax bills be acceptable instead? Or utility bills?

[noajthan]

It might be easier to provide P60s and payslips. Will they be accepted?
Additionally, will council tax bills be acceptable instead? Or utility bills?

Put them in. Remember its all about presence and address rather than money.

What about payrise letters, bonus letters, promotion letters, incentive scheme/award letters, work medical scheme, work-related pension letters, redundancy/severance letters, business trip/expense account documents, company credit card account statements (& etc).

[salsarocks]

Citizenship is only based on the qualifying period which is 5 years immediately preceding the date of application. If you apply on 10th July 2016, then you must have been physically present in the UK on 10th July 2011. This rule applies to ALL applicants, regardless of their nationality.

Is it 5 years before the date I put in the application or 5 years before the date my application is received by HO?

[noajthan]

Citizenship is only based on the qualifying period which is 5 years immediately preceding the date of application. If you apply on 10th July 2016, then you must have been physically present in the UK on 10th July 2011. This rule applies to ALL applicants, regardless of their nationality.

Is it 5 years before the date I put in the application or 5 years before the date my application is received by HO?

Date of posting or date of NCS appointment.

[CR001]

Citizenship is only based on the qualifying period which is 5 years immediately preceding the date of application. If you apply on 10th July 2016, then you must have been physically present in the UK on 10th July 2011. This rule applies to ALL applicants, regardless of their nationality.

Is it 5 years before the date I put in the application or 5 years before the date my application is received by HO?

Date of posting or date of NCS appointment.

Date HO receives it or date of NCS appointment. Date of posting is irrelevant to citizenship applications.

[salsarocks]

Apologies for bringing this up again but I am preparing the support documents that need to be submitted along with my AN form and I have the following issue: I cannot find P60s for the last 5 years, as I stored them separately. However, I have ALL payslips covering this period (~60 payslips). Is it fine if I include all of them along with my application?

[noajthan]

Citizenship is only based on the qualifying period which is 5 years immediately preceding the date of application. If you apply on 10th July 2016, then you must have been physically present in the UK on 10th July 2011. This rule applies to ALL applicants, regardless of their nationality.

Is it 5 years before the date I put in the application or 5 years before the date my application is received by HO?

5 years before date of application.
Date of application is either date of NCS appointment or, if applying directly, date of receipt by HO.

[alterhase58]

Apologies for bringing this up again but I am preparing the support documents that need to be submitted along with my AN form and I have the following issue: I cannot find P60s for the last 5 years, as I stored them separately. However, I have ALL payslips covering this period (~60 payslips). Is it fine if I include all of them along with my application?

Maybe NCS person won't be happy copying 60 payslips.
Can you get a letter from your current and past employers confirming you worked there, with dates, job title?