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Citizenship Application: Swiss national with British wife

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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voltaire
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Citizenship Application: Swiss national with British wife

Post by voltaire » Sun Jan 22, 2017 4:58 pm

I am currently attempting to fill-n Form AN to become a British Citizen. I am a Swiss national and have a document certifying permanent residency, and I am also married to a British wife. I have a couple of questions.

From Booklet AN (p. 5) I understand that. as am EEA/Swiss applicant, I need have 5 years residency in the UK despite my British wife. I can easily fullfill this requirement, but I am unsure about the following:

In Section 2.2 (Residence requirements) I am asked to fill in all my absence from the UK during the last 5/3 years from the UK. Which one applies to me (3 years or 5 years)?

- Question 2.2: apart from filing-in absences from the UK, the Guide AN also mentions that I 'must also check that you were physically present in the UK 5 years (3 years if you are marrited ... with a British citizen) before the date that application will be received by the Home Office or other receiving authority'. Two questions: is it 3 or 5 years for me. And do I need to prove that I was physically present in the UK on that specific day? How can one possibly proof this?

I am also asked to submit evidence of lawful residence in the UK (Letters from employers, educational establishments or other Government Departments indicating presence in the UK). Again do I need to do this for a 3 or 5 year period?

And just a couple of further, general questions:

- I need to prove my language proficiency. I have 3 degrees from UK universities (BA, MA, PhD). I assume that my degree certificates are sufficient and that I do not need anything from NARCIS - correct?

- Question 1.3 (Please say when you were given indefinite leave to enter/remin in hte UK): I assume this does not apply to EEA applicants?

- Questions 1.48 - 1.50: Details of all NI contributions during last ten years. I have P60s for my employments in the UK. However, because I also work part-time for a Dutch company (from the UK), I also need to fill in a tax self-assessment. In the Guide AN it is stated that people that do not pay income tax through PAYE need to attatch a Self Assessment Statement of Account. I fill-in and pay my tax self assessment online, can I just provide a printout of my online self assessment account, or do I need to get a letter from HMRC?

With many thanks for you help!

secret.simon
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Re: Citizenship Application: Swiss national with British wif

Post by secret.simon » Sun Jan 22, 2017 5:08 pm

You can choose either the 5 years (Section 6.1) or 3 years (Section 6.2) path, provided you meet the absence requirements and the requirement of being physically present in the UK at the start of the five year/three year requirement. Just be consistent about the period throughout the application.
voltaire wrote:And do I need to prove that I was physically present in the UK on that specific day? How can one possibly proof this?
This is the only requirement on which the Home Office can exercise no discretion and is absolutely mandatory. It is of course easier for non-EEA citizens to prove with passport stamps.

I am sure other EEA citizens will advise you further on this specific point.
voltaire wrote:- I need to prove my language proficiency. I have 3 degrees from UK universities (BA, MA, PhD). I assume that my degree certificates are sufficient and that I do not need anything from NARCIS - correct?
Correct. UK degree is sufficient.

Member Noetic has also had a similar journey (Swiss citizen applied successfully for naturalisation). I am sure he will stop by to advise further if he is online.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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alterhase58
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Re: Citizenship Application: Swiss national with British wif

Post by alterhase58 » Sun Jan 22, 2017 5:29 pm

Regarding the requirement that you have to have been in the country on the day 5 or 3 years prior to your application, you prove this by way of the documentation you provide, such as employer letters, P60 and your listing of absences (date doesn't have to be mentioned specifically). This was the first question I was asked by NCS at my appointment. In my case, because of regular travel, I made absolutely sure I was compliant. I had no issue with obtaining approval.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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