EEA national applied without PR, HO requesting evidence
Posted: Thu Feb 05, 2015 11:33 am
Hi,
I married a British national in April 2009. I applied for British citizenship as a EEA national (Portuguese) in May 2014 (went through NCS). I applied without getting a PR first because the application indicated that it wasn't required for EEA if I could prove 5 years of exercising treaty rights. My application took a long time. Over 6 months passed and no letter or anything. I had to write in December to get an update. No reponse, then emailed in January.
I have now received a letter from HO stating that alternative evidence is required for 5 April 2009 to 5 April 2011. This puzzled me because I thought I sent it all the evidence required. For those 2 years in question, I sent in my Self-Assessment Statement (2009/2010 tax year) and P60 (2010/2011 tax year). Now upon further scrutiny, it seems that my 2009/2010 self assessment tax return was done to claim income received as dividends from a UK company (I was a shareholder for my husband's limited company). I believe this classifies an non-employment income?? I have my tax return that shows dividend payments and also the company accounts state that I was a shareholder, but I did not submit this. I was not made an employee (payroll, etc) until 2010 (which I submitted the P60 for).
I am concerned that I will not meet the 5 year residency requirement because my income for 2009/2010 was in dividends, and not as an employee (just a shareholder). If this means I was self-sufficient, I did not get comprehensive sickness insurance during that time, which also works against my favour. I was not job seeking and I did not register as self-employed.
Also, I don't know why they are questioning 2010/2011 when I already submitted my P60 as an employee for my husband's company. I was also made Company Director in 2010.
Did I make a huge mistake applying too early? I honestly thought my 2009/2010 self-assessment statement was proof enough of my residency. Any advice would be greatly appreciated, as I don't know if it's worth sending in the tax return, company accounts, my passport etc, only to have my application refused because of insufficient evidence.
I married a British national in April 2009. I applied for British citizenship as a EEA national (Portuguese) in May 2014 (went through NCS). I applied without getting a PR first because the application indicated that it wasn't required for EEA if I could prove 5 years of exercising treaty rights. My application took a long time. Over 6 months passed and no letter or anything. I had to write in December to get an update. No reponse, then emailed in January.
I have now received a letter from HO stating that alternative evidence is required for 5 April 2009 to 5 April 2011. This puzzled me because I thought I sent it all the evidence required. For those 2 years in question, I sent in my Self-Assessment Statement (2009/2010 tax year) and P60 (2010/2011 tax year). Now upon further scrutiny, it seems that my 2009/2010 self assessment tax return was done to claim income received as dividends from a UK company (I was a shareholder for my husband's limited company). I believe this classifies an non-employment income?? I have my tax return that shows dividend payments and also the company accounts state that I was a shareholder, but I did not submit this. I was not made an employee (payroll, etc) until 2010 (which I submitted the P60 for).
I am concerned that I will not meet the 5 year residency requirement because my income for 2009/2010 was in dividends, and not as an employee (just a shareholder). If this means I was self-sufficient, I did not get comprehensive sickness insurance during that time, which also works against my favour. I was not job seeking and I did not register as self-employed.
Also, I don't know why they are questioning 2010/2011 when I already submitted my P60 as an employee for my husband's company. I was also made Company Director in 2010.
Did I make a huge mistake applying too early? I honestly thought my 2009/2010 self-assessment statement was proof enough of my residency. Any advice would be greatly appreciated, as I don't know if it's worth sending in the tax return, company accounts, my passport etc, only to have my application refused because of insufficient evidence.