Dutch to British?

[A.Jama]

Posted in the wrong forum earlier I think, not sure but here it goes.

A quick about-me:

Dutch Citizen
Arrived in UK 97
Studying ever since (from primary Year 6 to Uni present)

I want to apply for naturalisation as a British citizen. As I've understood I do not need to apply for residency as I qualify for automatic residency status (5yr+). I looked at the AN form and everything seems straightforward, apart from one thing.

Since I've been a student throughout my stay is says I'm required to send with my form "Evidence that you are covered by sickness insurance against all risks in respect of yourself and any accompanying family members in the UK".

I don't have a clue of how to prove that. On the UKBA website it says the documents that they accept as proof you have comprehensive sickness insurance are European Health Insurance Card (EHIC). I can get hold of that now but then it wouldn't be evidence I had that throughout my stay.

I'm confused. Am I completely getting the wrong end of the stick? Or is there no way I can apply for a British passport?

[Jambo]

97 is long time ago.

Were you parents living in the UK as well? Are they Dutch? Were they working in the UK? You might be able to base your status on their activities in the UK.

Are you aware that the Netherlands doesn't allow dual citizenship and that by becoming British you will lose your Dutch citizenship.

[Amber]

Posted in the wrong forum earlier I think, not sure but here it goes.

A quick about-me:

Dutch Citizen
Arrived in UK 97
Studying ever since (from primary Year 6 to Uni present)

I want to apply for naturalisation as a British citizen. As I've understood I do not need to apply for residency as I qualify for automatic residency status (5yr+). I looked at the AN form and everything seems straightforward, apart from one thing.

Since I've been a student throughout my stay is says I'm required to send with my form "Evidence that you are covered by sickness insurance against all risks in respect of yourself and any accompanying family members in the UK".

I don't have a clue of how to prove that. On the UKBA website it says the documents that they accept as proof you have comprehensive sickness insurance are European Health Insurance Card (EHIC). I can get hold of that now but then it wouldn't be evidence I had that throughout my stay.

I'm confused. Am I completely getting the wrong end of the stick? Or is there no way I can apply for a British passport?

Having a PR card just circumvents having to prove to the naturalisation caseworker that you're settled (and have been for a year or more unless married/civil p of bc). Regarding treaty rights as a student, yes you need to have CSI but that is quite broad and can include the European health card. However, you came in 1997, not sure what the rules were then, moreover, I assume you were a child dependent of an eea (non UK) national who was exercising trearty right (e.g. working) when in the UK and thus you had the right of residence that way.

[A.Jama]

Thanks for the replies.

Jambo - Yes, parents Dutch and living in UK too. Working.

So what you saying, I don't really need the CSI/EHIC?

And yea, I'm aware of the dual citizenship.

D4109125 - Hmm, interesting. I can provide documents dating back to 97 as proof but ain't the last 5 years just relevent? Or would they take that into consideration?

Do I go ahead with my application? What are my chances of success/rejection?

Thank you.[/quote]

[Amber]

Thanks for the replies.

Jambo - Yes, parents Dutch and living in UK too. Working.

So what you saying, I don't really need the CSI/EHIC?

And yea, I'm aware of the dual citizenship.

D4109125 - Hmm, interesting. I can provide documents dating back to 97 as proof but ain't the last 5 years just relevent? Or would they take that into consideration?

Do I go ahead with my application? What are my chances of success/rejection?

Thank you.

[/quote]

For pr you just need 5 years of continuous UK residence having the right to reside. If you had 5 years of being a dependent child of your eea parents you should be able to use that.

[A.Jama]

If you had 5 years of being a dependent child of your eea parents you should be able to use that.

Sorry, you've lost me.

My 5 years of being a dependent child would have been 97 to about 01/02. How do I use that (since they're looking for the last 5 years)? Do I scrap the whole student route and get rid of my letters since primary?

[Amber]

If you had 5 years of being a dependent child of your eea parents you should be able to use that.

Sorry, you've lost me.

My 5 years of being a dependent child would have been 97 to about 01/02. How do I use that (since they're looking for the last 5 years)? Do I scrap the whole student route and get rid of my letters since primary?

No, not the last 5 years. In order to have permanent residence you had/have to be residing in accordance with the EU laws relating to free movement rights that were/are in force. The current regulations are 2006 so assuming the ones in 1997-2002 had dependent child as a qualifying person you are a permanent resident.

[Jambo]

Workers dont need CSI so if you base your status on your parents activites, you will be fine.

The 5 years is a bit confusing.

There are two periods of 5 years:

- You need 5 years to obtain Permanent Residence as a EEA national. Once obtained you don't lose it unless you leave the UK for more than 2 years. These 5 years can be any continuous years since 97 in your case. You need to hold PR status for at least one year before applying for BC.

- You need to live for 5 years before the application for BC. There are some requirements with regards to absences you need to meet (less than 450 days etc).

If you can provide evidence of your parents working in the UK for continuous 5 years before you were 21 years old, this would prove you obtained PR status. This doesn't need to be the last 5 years.

For the BC application requirements, the last 5 years are the relevant one.

As this is not a standard case the HO sees every day (although not a complex one) I would advice you attach a cover letter explaining your circumstances.

[EUsmileWEallsmile]

OP, I have locked your other thread. It appears that your questions have been answered here.

[A.Jama]

Workers dont need CSI so if you base your status on your parents activites, you will be fine.

If you can provide evidence of your parents working in the UK for continuous 5 years before you were 21 years old, this would prove you obtained PR status. This doesn't need to be the last 5 years.

I can provide evidence of my parents but they might have been on benefits for some of that period, I'll double check. (hope that's not an issue)

Sorry for going back and forth. I'm sure you can already tell I'm totally clueless when it comes to this. And I don't want to be rejected with such high non-refundable fees.

[A.Jama]

OP, I have locked your other thread. It appears that your questions have been answered here.

Cheers moderator.

[Jambo]

I can provide evidence of my parents but they might have been on benefits for some of that period, I'll double check. (hope that's not an issue)

Sorry for going back and forth. I'm sure you can already tell I'm totally clueless when it comes to this. And I don't want to be rejected with such high non-refundable fees.

One option to reduce the risk is to apply for PR Confirmation using form EEA3. The application is free. You can use the evidence from a few years back to prove you have PR status. You will also need to provide evidence that since those 5 years (you are basing the PR on), you didn't leave the UK for more than 2 years (so school letters for example).

If granted, you would know the evidence you provided is good and can be used for your naturalisation application. You will need to use the evidence again when applying for naturalisation because the confirmation the HO would issue would be dated 2013 regardless when the actual years you based your application are.

[A.Jama]

One option to reduce the risk is to apply for PR Confirmation using form EEA3. The application is free. You can use the evidence from a few years back to prove you have PR status. You will also need to provide evidence that since those 5 years (you are basing the PR on), you didn't leave the UK for more than 2 years (so school letters for example).

If granted, you would know the evidence you provided is good and can be used for your naturalisation application. You will need to use the evidence again when applying for naturalisation because the confirmation the HO would issue would be dated 2013 regardless when the actual years you based your application are.

Hmm, good idea. I was hoping I could get BC asap, but if i go down the route you mentioned its gonna be a while. They might even tell me to wait the full 12 months if i applied for naturalisation. Looks like I've got no other choice anyway.

What if i filled out the EEA3 and AN the same time and handed it to NCS? lol

[Jambo]

You can't use NCS for EEA3 and in any case if you apply for naturalisation, there is no point of applying for EEA3 the same time.

You will not be told to wait 12 months if you present documents to show PR was obtained more than 12 months ago. EEA3 normally takes 2-3 months but if you don't want to wait, you can apply for BC without it. Just make sure the evidence you have to prove you hold PR is good (best is 5 continuous years of employment by one of your parents before you were 21).

[A.Jama]

Just make sure the evidence you have to prove you hold PR is good (best is 5 continuous years of employment by one of your parents before you were 21).

Yea thas the thing, I can't provide that evidence as my parents were on benefits that period, and now they'r working.

Looks like EEA3 at the moment. Gutted.

[A.Jama]

Hello all, its me again.

I was just reading the eligibility for permanent residence, it says:

"a person who:
o Has resided in the UK (in accordance with the 2006 Regulations) for a
continuous period of 5 years; and
o Was, at the end of the period, a family member who has retained the
right of residence."

(http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary)

My sister already has her permanent residency from HO, can I provide that as evidence when applying for BC? Or am I reading it wrong?

[Jambo]

Did she apply based on her own activities or your parents? Normally you won't be able to rely on your sister status (unless you are financially dependant on her).

[A.Jama]

Another sister of mine is about to apply for EEA3. She's been working since 05 so hers is straightforward. I'm gonna include myself as a family member, all I need to prove is our relationship through birth certificates, and provide documents which confirm I have been resident for the full five-year period (bank statements, GP etc.)

I got all this information from the EEA3 Guide on page 6.

(http://www.ukba.homeoffice.gov.uk/sitec ... de-eea.pdf)

Please tell me I'm correct and that I've finally found a way to obtain PR?

All this CSI nonsense was killing me.

[Plum70]

You ordinarily cannot include yourself on another family member's PR application unless you can prove that you have been dependent on them for the qualifying period.

From reading your posts I am not understanding why you do not want to apply in your own rights.

If you stopped being dependent on your parents in 2001/02, then in what way have you been exercising treaty rights as an independent adult in the UK since?

Concisely list what you have been doing to date - e.g. Jan 2002 - Jan 2004: studying; Feb 2004 - Feb 2009 employed/self employed; - so that forum members and moderators are better informed to advise accordingly. You will also need to take note of your absences from the UK during these periods to meet the residential qualifying criteria.

[A.Jama]

From reading your posts I am not understanding why you do not want to apply in your own rights.

If you stopped being dependent on your parents in 2001/02, then in what way have you been exercising treaty rights as an independent adult in the UK since?

Concisely list what you have been doing to date - e.g. Jan 2002 - Jan 2004: studying; Feb 2004 - Feb 2009 employed/self employed; - so that forum members and moderators are better informed to advise accordingly.

I mentioned everything in my 1st post.

I hold a dutch passport.
Arrived in the UK in 1997.
Started primary school in 1997 (Year 6 only)
Then followed by high school, college and now (present) university.
Studying ever since except for 1 gap year (Sep 06 - Sep 07), and I was working then.

Now, the reason why I cannot apply in my own rights for PR is because EU students need Comprehensive Sickness Insurance. There is no way on earth I can get hold of a European Health Insurance Card (EHIC), S1, S2, S3, or an original private health insurance policy document, throughout any period.

Others on this forum have suggested evidence of 5 years being a dependent child(primary school and secondary). That went out of the window too coz my parents were on benefits then, they'r working now.

And now you're telling me I can't include myself on my sisters EEA3 coz I have to prove I'm dependent on her. So that's out the window too.

So long story short, I'm trying to obtain PR, while at the same time trying to find a way to escape this CSI because I've been a student most of my time in the UK, if that makes sense?

[Amber]

From reading your posts I am not understanding why you do not want to apply in your own rights.

If you stopped being dependent on your parents in 2001/02, then in what way have you been exercising treaty rights as an independent adult in the UK since?

Concisely list what you have been doing to date - e.g. Jan 2002 - Jan 2004: studying; Feb 2004 - Feb 2009 employed/self employed; - so that forum members and moderators are better informed to advise accordingly.

I mentioned everything in my 1st post.

I hold a dutch passport.
Arrived in the UK in 1997.
Started primary school in 1997 (Year 6 only)
Then followed by high school, college and now (present) university.
Studying ever since except for 1 gap year (Sep 06 - Sep 07), and I was working then.

Now, the reason why I cannot apply in my own rights for PR is because EU students need Comprehensive Sickness Insurance. There is no way on earth I can get hold of a European Health Insurance Card (EHIC), S1, S2, S3, or an original private health insurance policy document, throughout any period.

Others on this forum have suggested evidence of 5 years being a dependent child(primary school and secondary). That went out of the window too coz my parents were on benefits then, they'r working now.

And now you're telling me I can't include myself on my sisters EEA3 coz I have to prove I'm dependent on her. So that's out the window too.

So long story short, I'm trying to obtain PR, while at the same time trying to find a way to escape this CSI because I've been a student most of my time in the UK, if that makes sense?

I believe re: your parents when unemployed, if they were actively seeing employment, I.e. registered at the job centre then they were still exercising treaty rights.

[A.Jama]

I believe re: your parents when unemployed, if they were actively seeing employment, I.e. registered at the job centre then they were still exercising treaty rights.

Oh no, they were on income support that period.

[Plum70]

Sorry, over-looked some bits.

Ok, so you are currently an independent student and have been since '07. How are you maintaining yourself financially? You say your parents were not seeking employment all the while on income support - not good.

Looks like your only sure option is to get CSI now and apply for PR in 2018.

Not the feedback you'll be expecting but hold on for more comments from others.

[Amber]

I believe re: your parents when unemployed, if they were actively seeing employment, I.e. registered at the job centre then they were still exercising treaty rights.

Oh no, they were on income support that period.

Income support for what reason? Illness?

[Amber]

I think that before 2000 those who were exercising treaty rights were deemed to be settled so perhaps you were settled from that period. I think you need to look at the rules prior to 2000.