EEA national applied without PR, HO requesting evidence

[Storm_b_ringer]

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.

[slough_Boy]

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.

If i were you, i would have applied first EEA3 " Document Certifying Permanent Residence " , it cost only £55.
if any problem in EEA3, i would lose only 55£ not £906.

[Storm_b_ringer]

Thanks but hindsight is 20/20. I can't go back so I have to move forward.

Does anyone know what other types of evidence I can submit (evidence that is not on their list). Can I provide bank statements, utility bills, private doctors' letters/receipts, land registry details relating to the purchase of my house, British husband's P60s, etc? Based on past posts in this forum, it seems as though HO just wish to confirm that I was physically present in the UK during those years in question (2009 to 2011).

I'm so confused. Please, any advice? Let me know if you have specific questions. Thanks.

[jaweb]

Just send everything what you can think of. When they asked me more papers I even sent my hospital letter. Even they suggested me to send everything when I called them to ask what exactly they wanted

Good luck!

[Storm_b_ringer]

Just send everything what you can think of. When they asked me more papers I even sent my hospital letter. Even they suggested me to send everything when I called them to ask what exactly they wanted

Good luck!

Thanks for the advice. Was your hospital letter from the NHS? I do have some NHS paperwork (for a visit to the A&E and hospital stay), NHS doctor's letters with medical results, as well as the letter from the NHS when I got my NHS number. I also have some letters, receipts from private treatment & GPs, as well as optical and dental. Just wondering if I should exclude the NHS paperwork (just in case) but I believe that the NHS is not included within the Home Office Public Funds List, so submitting NHS docs should be OK?

Do forum members think I should also provide my husband's P60s? (I'm a EEA national and he's British... don't know if that makes a difference).

Thanks.

[jaweb]

Yes. It was nhs hospital letter

Ho just wants to make sure you were physically in the country

[milan69]

Does anyone know what other types of evidence I can submit (evidence that is not on their list). Can I provide bank statements, utility bills, private doctors' letters/receipts, land registry details relating to the purchase of my house, British husband's P60s, etc? Based on past posts in this forum, it seems as though HO just wish to confirm that I was physically present in the UK during those years in question (2009 to 2011).

Pretty much everything that you have listed should prove that you were present for the requested period.

[Storm_b_ringer]

I can't believe it! I got a letter today telling me my application for British citizenship has been approved! I just need to wait for the ceremony letter to arrive in the next two weeks.

So glad I didn't give up!