UK Citizenship for EU national - length of residence

I have had a look at what is required to apply for the British citizenship and my doubt is regarding how to prove the 5 years of residence.
I have lived here continuously since November 2010. I got my NI number in Dec 2010. I have been self-employed since Apr 2013. Don't have a criminal record etc. I don't have a passport from my home country. I have always just used my National ID as a proof of identity etc.

I know for a fact I was in the 2011 Census and when I moved in 2012 in my current home, I got registered with the local council so my name is on our Council Tax bill. If it can be a factor, I have never claimed benefits.

I am not sure how I would prove that I have been living here continuously since Nov 2010. I think in November this year it will be 5 years and so I should be eligible to apply, right? Thanks in advance.

amyffowler22 wrote:I have had a look at what is required to apply for the British citizenship and my doubt is regarding how to prove the 5 years of residence.
I have lived here continuously since November 2010. I got my NI number in Dec 2010. I have been self-employed since Apr 2013. Don't have a criminal record etc. I don't have a passport from my home country. I have always just used my National ID as a proof of identity etc.

I know for a fact I was in the 2011 Census and when I moved in 2012 in my current home, I got registered with the local council so my name is on our Council Tax bill. If it can be a factor, I have never claimed benefits.

I am not sure how I would prove that I have been living here continuously since Nov 2010. I think in November this year it will be 5 years and so I should be eligible to apply, right? Thanks in advance.

Applying for a SAR from UKVI may throw light on your entries/exits from UK.

What is your nationality? If from A8 did you register in WRS if working pre-2011?

How else have you exercised treaty rights continuously?

If a student did you have CSI?

How about any prolonged absences from UK?

Unless married to BC you need to be free from immigration time restrictions for 12 months before applying for privilege of citizenship.

I am Italian. As far as I know I am free to stay here as long as I like.

I came here to live with my British partner. Not married to him. We have lived together since the day I moved here.

I left for 2 weeks in 2011 to visit family back in Italy, then for a month and a half in 2013 and 2 weeks again in 2014.

amyffowler22 wrote:I am Italian. As far as I know I am free to stay here as long as I like.

I came here to live with my British partner. Not married to him. We have lived together since the day I moved here.

I left for 2 weeks in 2011 to visit family back in Italy, then for a month and a half in 2013 and 2 weeks again in 2014.

Ok so no issues with WRS then.

You may have qualified for PR by December as you can show NIN even if SAR doesn't help prove you were in UK in November.

So assuming all other reqs can be met you could apply around Dec 2016.

In meantime you could shoot for confirmation of PR;
at just £65 its a low risk approach that would highlight any PR issues before investing your naturalisation fee.

Good luck.

Thanks a lot for the reply. Things are clearer now.

I had no idea I needed a PR before attempting to apply for citizenship. I thought once I had stayed here 5 years as a resident, I could apply.

To apply for PR, do I need any particular documents to support my application? Do you think it would be advisable that I get a SAR to show my entries/exits? I have a letter from HMRC regarding the NI number dated and everything, letters from GP, council tax bills, bank accounts and credit cards. I mean, it should be clear I was not here as a tourist.

amyffowler22 wrote:Thanks a lot for the reply. Things are clearer now.

I had no idea I needed a PR before attempting to apply for citizenship. I thought once I had stayed here 5 years as a resident, I could apply.

To apply for PR, do I need any particular documents to support my application? Do you think it would be advisable that I get a SAR to show my entries/exits? I have a letter from HMRC regarding the NI number dated and everything, letters from GP, council tax bills, bank accounts and credit cards. I mean, it should be clear I was not here as a tourist.

Remember, PR is acquired automatically as long as you have been exercising treaty rights continuously for 5 years.

It's not as simple as just living in UK.
You have to be in one of the recognised categories of qualified persons;
(eg worker, student, self-employed, self-sufficient, etc).
.
It's the PR card that is optional - that confirms someone has acquired PR - the card doesn't grant it.

You don't have to have a PR card to apply for naturalisation but you have to have settled status (for an EEA national that is PR).

It's because you are not married (or civil partner) to a BC that you have to be free of the immigration time restriction (ie holding settled status/PR) for 12 months.

Having a PR card can help simplify the documentary evidence required for your naturalisation application.

Also, for naturalisation, note that you have to prove you were physically present in UK 5 years before date of application.

If you do decide to shoot for 'confirmation of PR' first see:
https://www.gov.uk/government/publicati ... orm-eea-pr

For both a PR card & for naturalisation you have to prove residency in UK.
Also that any absences kept with certain time limits (different rules in both cases).
Not having a stamped passport complicates matters.

A SAR will help if anything shows up on it (& only costs £10 or so).
Otherwise, yes, you will need to provide a bunch of letters from official bodies, (tax office, medical letters, NI letter, employers/colleges & etc) to help prove your residency in UK.

For SAR, see https://www.gov.uk/government/publicati ... mmigration

I have actually been registered as self-employed since Apr 2013. I worked briefly in 2012 a couple of cleaning jobs but they were very small jobs and lasted a month at the most.
I think I can prove this continuous residency with letters and all that if I had to. As I said I came here to join my partner who is a British citizen, born and raised here, who has a full time job and was in the position to support me initially while I was settling. Never claimed benefits.

amyffowler22 wrote:I have actually been registered as self-employed since Apr 2013. I worked briefly in 2012 a couple of cleaning jobs but they were very small jobs and lasted a month at the most.
I think I can prove this continuous residency with letters and all that if I had to. As I said I came here to join my partner who is a British citizen, born and raised here, who has a full time job and was in the position to support me initially while I was settling. Never claimed benefits.

You will have to prove both residency & exercising treaty rights every step of the way for your 5 years.
HO play hard ball on this.

At least as you are applying in own right your marital status won't come into it (which removes a bunch of evidence to be gathered for unmarried partners).

Its really all about your economic activity.

Thank you very much for your help.

I just wanted clarification on the residency definition; to be considered a resident I need to have both lived and studied/worked here continuously? I remember reading somewhere the important thing was being self-sufficient, so not having to rely on public funds. I haven't as I've had my partner to rely on and I did have some savings when I moved here, since I had a job in my home country. I moved here for reasons that weren't related to work or education as I said before.

Sorry if I keep repeating things

Would it be easier if I went down the route of the family member of a British national to get a residence certificate? I can easily prove we have lived together all this time since we have letters showing same address, tenancy agreements, bills and whatnot. When I applied for a free travel pass as partner of a railway company's employee, we had a commissioner for oaths sign a document saying we lived together after examining proof of that. I guess that is more evidence.

I did want to do this without involving him, and without needing to marry him just to get the citizenship. it's not essential for me but I'd like to have it. Also, I plan to get an Italian passport in the next few months if that can help.

amyffowler22 wrote:Thank you very much for your help.
I just wanted clarification on the residency definition; to be considered a resident I need to have both lived and studied/worked here continuously?

For an EU citizen to have a right to reside in the UK, you need to be a qualifed person: worker, self sufficient with health insurance, student with health insurance, jobseeker for a limited time. EU citizens don't have a right to reside in another EEA country if we aren't a qualifed person

amyffowler22 wrote: I remember reading somewhere the important thing was being self-sufficient, so not having to rely on public funds. I haven't as I've had my partner to rely on and I did have some savings when I moved here, since I had a job in my home country.

Self Suffient qualified person must buy health insurance and cannot have UK benefits.

amyffowler22 wrote:Would it be easier if I went down the route of the family member of a British national to get a residence certificate?

That isn't being a qualified person. You needed to have been a qualified person to have a right to reside in the UK. You must be a qualified person continuously for 5 years to get PR.

amyffowler22 wrote:Also, I plan to get an Italian passport in the next few months if that can help.

What passport did you enter the UK on? Was it a US passport?

amyffowler22 wrote:Thank you very much for your help.

I just wanted clarification on the residency definition; to be considered a resident I need to have both lived and studied/worked here continuously? I remember reading somewhere the important thing was being self-sufficient, so not having to rely on public funds. I haven't as I've had my partner to rely on and I did have some savings when I moved here, since I had a job in my home country. I moved here for reasons that weren't related to work or education as I said before.

Sorry if I keep repeating things

Would it be easier if I went down the route of the family member of a British national to get a residence certificate? I can easily prove we have lived together all this time since we have letters showing same address, tenancy agreements, bills and whatnot. When I applied for a free travel pass as partner of a railway company's employee, we had a commissioner for oaths sign a document saying we lived together after examining proof of that. I guess that is more evidence.

I did want to do this without involving him, and without needing to marry him just to get the citizenship. it's not essential for me but I'd like to have it. Also, I plan to get an Italian passport in the next few months if that can help.

No you can't suddenly switch to operate under UK Immigration Regulations as you are an EEA national and entered UK under EU rules. (You didn't come with leave to enter under some visa or other as a non-EEA national would do).

Marriage to a BC won't really help you with citizenship, it's not as if you're a non-EEA national.

Even under EU rules, it's not as simple as living in UK;
it's not just about being self-sufficient either, that is only one category of qualified person.
You will need the proofs from every category you have switched between.

Yes as you are Italian a passport will help;
ofcourse it won't help prove your previous entries/exits in/out of UK so you will still need alternative proofs for all that history.

Next steps:
decide if you want to apply for confirmation of PR card & get on with that.

Italian passport may help.

During next 12 months, confirm you meet all other requirements (KOLL, absences within limits, good character, sound mind, referees, & etc) before applying to naturalise.

Thanks again.

So, I intend to get confirmation of PR in December. I looked at the SAR form and read that they want 2 forms of identification; ok, so I have got my National ID card at this point, an expired driving license issued in Italy (the EU driving license type) and I do have a copy of my birth certificate with the stamp from the Italian authority that issued the copy. An Italian birth certificate is not like the UK one... it's just a normal sheet of paper stamped by the authority issuing it. I would think all the ID stuff has to be valid. I could wait until I have a passport if that's the only option to have 2 forms of ID.

I will then, hopefully, have proof of my entries/exits showing I didn't spend more than 450 days in total away from the UK in the last 5 years. I will include that when I apply for PR confirmation, along with all the letters from HMRC regarding the NIN, NHS card, self-employment registration, tax letters and all that.

I have the self-employment registration and tax letters to cover the period from Apr 2013 onwards but I really had no job (I wouldn't consider the 2 cleaning jobs I had as jobs really) from Nov 2010, when I moved here, till the date I became self-employed and so, how do I prove I was exercising my treaty rights? I was living here supported by my partner, so I wouldn't say I was self-sufficient, but, since I had him, I didn't need to use public funds. I only got my first bank account in Dec 2012 as well.
Now, I am not sure if using the NHS is using public funds. I do have the EU health card in any case, so I am entitled to that.
I have a credit history in the UK, showing my financial commitments up to now, and everything is spotless.
Does requesting and obtaining a NIN in Dec 2010 count as jobseeking and so a way of exercising my treaty rights?

Since applying for naturalisation is not cheap, I want to make sure when I get to that, I won't have problems with proving what I have to prove, so forgive me if I am asking all these questions.

I am under the impression that if my PR is confirmed then I can apply after one year from the date that's confirmed and it should be a smooth process. I don't intend to spend more than 90 days outside the UK in 2016.

Thanks in advance for any reply. Coming here was really helpful.

amyffowler22 wrote:...

I have the self-employment registration and tax letters to cover the period from Apr 2013 onwards but I really had no job (I wouldn't consider the 2 cleaning jobs I had as jobs really) from Nov 2010, when I moved here, till the date I became self-employed and so, how do I prove I was exercising my treaty rights? I was living here supported by my partner, so I wouldn't say I was self-sufficient, but, since I had him, I didn't need to use public funds. I only got my first bank account in Dec 2012 as well.

Now, I am not sure if using the NHS is using public funds. I do have the EU health card in any case, so I am entitled to that.

I have a credit history in the UK, showing my financial commitments up to now, and everything is spotless.

Does requesting and obtaining a NIN in Dec 2010 count as jobseeking and so a way of exercising my treaty rights?

Since applying for naturalisation is not cheap, I want to make sure when I get to that, I won't have problems with proving what I have to prove, so forgive me if I am asking all these questions.

I am under the impression that if my PR is confirmed then I can apply after one year from the date that's confirmed and it should be a smooth process. I don't intend to spend more than 90 days outside the UK in 2016.

Thanks in advance for any reply. Coming here was really helpful.

From 2010 the only option you have is to claim you were self-sufficient in UK (being supported by a partner can count);
you need to have held CSI at the time - at a pinch a foreign-issued EHIC card may do;
(there are some detailed rules to dig into about that).

Having a NIN is not adequate evidence of job-seeking in EU terms.
There is now a 6-months limit on someone being a jobseeker - not sure if that applied back in 2010.
So self-sufficient is the only possible category for you at that time.

Agreed, the privilege of naturalisation is not cheap (& no appeal on a refusal) which is why a confirmation of PR is helpful.
If PR is confirmed then all good; that will help simplify the evidence for residency and settled status when you apply to naturalise.
If you are refused confirmation of PR at least you know the issues before applying to naturalise (& risking the large fee).
For surmountable obstacles with establishing PR you can at least appeal.

If HO won't count your time from 2010 towards PR then your PR clock will probably have started later, eg when you became self-employed (2013).
In that case if you continue to exercise treaty rights in UK (& UK stays in EU post 2016 referendum!) you could acquire PR sometime in 2018.

Good credit history helps contribute towards 'good character' for naturalisation; (it doesn't matter for PR).

PR rules on absences are less stringent, you can be absent for 6 months in a year and still maintain your residency.

If using a PR card as supporting evidence then yes, you would have to apply to naturalise 12 months after being issued one.
Alternately, if you can face submitting the same detailed evidence all over again you can apply 12 months after you really acquired PR.

This is because a PR card simply confirms PR - it doesn't grant it.
And there are 2 sets of legislation at play here, the EU rules for PR & UK BNA for naturalisation.

More on those nuances in the forum FAQS:
british-citizenship/citizenship-faqs-co ... 95747.html
- see options 1 & 2 under Q5

If you meet all HO requirements & have all supporting evidence then applying for naturalisation can be relatively smooth.

Cheers. What is a CSI? Yes, I have held a EHIC since I moved here. issued in Italy. I have been registered with a GP since May 2011. I went through my letters etc earlier and found my first NHS card was issued in May 2011.

So, about proving I was self-sufficient and my partner was supporting me, what kind of evidence would be needed? To have an idea. We have lived as tenants in our current home from Feb 2012. before that we were living with his mother (British of course), who was a council tenant. She herself was being financially supported by him.

I think this is the most difficult thing to prove.

amyffowler22 wrote:Cheers. What is a CSI? Yes, I have held a EHIC since I moved here. issued in Italy. I have been registered with a GP since May 2011. I went through my letters etc earlier and found my first NHS card was issued in May 2011.

So, about proving I was self-sufficient and my partner was supporting me, what kind of evidence would be needed? To have an idea. We have lived as tenants in our current home from Feb 2012. before that we were living with his mother (British of course), who was a council tenant. She herself was being financially supported by him.

I think this is the most difficult thing to prove.

CSI is comprehensive sickness insurance.
It's a type of insurance policy from a provider such as an insurance company.
(Unfortunately, like most insurance, it can't be back dated).

A foreign EHIC may be accepted as substitute especially if, at the time, you were only intending to stay in UK for a short period. So it's a good start that you have one.

This HO guidance covers requirements around self-sufficiency (& also covers CSI):
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- page 35 onwards

See, when I moved, I knew it was gonna be on a permanent basis, since it was to join my partner I was planning to marry one day.
So, really I could claim to have been here as a self-sufficient permanent resident for the whole 5 years, as my self-employment wouldn't be able to support me I am afraid (I am a freelancer and don't make above the threshold after which you get taxed). My partner makes roughly 30K a year so is in a position to support me financially.

No one ever told me I needed insurance to cover healthcare costs. I've always assumed since I am from the EU I am covered by the EHIC. At the moment I hold a valid one still and have done so for the past 5 years.

I did use the NHS services in these 5 years. In 2011 I went to the dentist and had treatment on the NHS for example. I had regularly registered with the dentist practice, declared my nationality and all and I was never asked for proof of CIS. Not once my right to NHS services has been questioned in all these years when I attempted to exercise it. Now, this thing that I need private insurance is really taking me by surprise because I was never informed I needed it if I wasn't actively working.

I suppose, maybe wrongly I don't know, that anyway someone pays for my healthcare costs whilst I hold a EHIC so the fact my stay wasn't meant to be temporary shouldn't be a determining factor, I hope.

amyffowler22 wrote:See, when I moved, I knew it was gonna be on a permanent basis, since it was to join my partner I was planning to marry one day.
So, really I could claim to have been here as a self-sufficient permanent resident for the whole 5 years, as my self-employment wouldn't be able to support me I am afraid (I am a freelancer and don't make above the threshold after which you get taxed). My partner makes roughly 30K a year so is in a position to support me financially.

No one ever told me I needed insurance to cover healthcare costs. I've always assumed since I am from the EU I am covered by the EHIC. At the moment I hold a valid one still and have done so for the past 5 years.

I did use the NHS services in these 5 years. In 2011 I went to the dentist and had treatment on the NHS for example. I had regularly registered with the dentist practice, declared my nationality and all and I was never asked for proof of CIS. Not once my right to NHS services has been questioned in all these years when I attempted to exercise it. Now, this thing that I need private insurance is really taking me by surprise because I was never informed I needed it if I wasn't actively working.

I suppose, maybe wrongly I don't know, that anyway someone pays for my healthcare costs whilst I hold a EHIC so the fact my stay wasn't meant to be temporary shouldn't be a determining factor, I hope.

CSI is just a requirement in connection with immigration.
It doesn't mean you can't use the NHS.
Anyway you have your EHIC, so for NHS purposes that's more than enough to allow you to use NHS, no questions asked.

The need for CSI is not widely publicised judging by numbers of people in forums like this who have been caught out.

It may be possible to apply for naturalisation on the basis you have an EHIC & self-sufficiency; it would just be more clearcut if you had CSI.

It would be a lower risk strategy to apply for confirmation of PR card first.
I.e. a smaller fee upfront (£65) & appeal rights;
(there are no appeal rights for a naturalisation application).

Yes, will definitely confirm PR first and then think about naturalisation. As you said, it's lower risk and will be a start for the citizenship process.

I am aware now that I should have had a CSI if staying as self-sufficient. I keep reading conflicting stuff about this. Some say EHIC counts only for a temporary stay and some say it's a form of CSI so should be fine. So, does staying here as long as the relationship lasts count as a temporary stay?

I guess my last questions (hopefully ) are these: when I fill out the PR confirmation form, I will have to attach proof of my self-sufficiency; how do you go about doing that in my case where I haven't had someone transferring an amount of money to me periodically to support myself, but I've had him, as a partner, just providing for me? Proof of his income throughout the 5 years and proof we have lived together during the 5 years? I also specify again he is a born British citizen; does the person supporting me need to be another EU national or family member?

As CSI, I would use the EHIC. One has expired in 2014 so I have been issued a new one in Italy after that; I guess I would need to show both.

amyffowler22 wrote:Yes, will definitely confirm PR first and then think about naturalisation. As you said, it's lower risk and will be a start for the citizenship process.

I am aware now that I should have had a CSI if staying as self-sufficient. I keep reading conflicting stuff about this. Some say EHIC counts only for a temporary stay and some say it's a form of CSI so should be fine. So, does staying here as long as the relationship lasts count as a temporary stay?

I guess my last questions (hopefully ) are these: when I fill out the PR confirmation form, I will have to attach proof of my self-sufficiency; how do you go about doing that in my case where I haven't had someone transferring an amount of money to me periodically to support myself, but I've had him, as a partner, just providing for me? Proof of his income throughout the 5 years and proof we have lived together during the 5 years? I also specify again he is a born British citizen; does the person supporting me need to be another EU national or family member?

As CSI, I would use the EHIC. One has expired in 2014 so I have been issued a new one in Italy after that; I guess I would need to show both.

I think those romantics at the HO would not view coming to the UK on the basis of a relationship as 'temporary'.
(Coming as a student can be considered temporary as it is time-bound).

However even the AN guidance booklet mentions EHIC as an example of evidence to cover self-sufficiency.
Perhaps the rules are applied more strictly for confirmation of PR (different laws; different HO units).

As evidence, surely the more EHICs the better.

The guidance document I posted (above) shows the criteria a caseworker will be using to assess self-sufficiency, (see page 37);
such proof includes bank statements (joint if possible); partner's payslips/P60 & etc.

... could also qualify as self-sufficient based on the income of their family member if this money is available to them

Yes, proof of durable relationship makes sense if unmarried.
No your 'sponsor' doesn't have to be an EEA national, they could be non-EEA or British.

Guess I will have to see if they accept that, but I don't understand why they couldn't see EHIC as CSI if I have kept it all these years. Why would I wanna pay for insurance if I have been entitled to free care in most circumstances with the EHIC?

We don't have a joint account, never have shared finances and to be honest I am ok like that.

I have 3 bank accounts in my sole name lol, so I do have money coming and going in and out of them. Nothing I could live off. I got my first bank account in Dec 2012, so I didn't have one before that date.

Can easily prove his income etc and living together. Since Feb 2012 we have been joint tenants, even if he pays the whole rent; landlord still puts both names on the agreements. For the period before that, I have letters showing same address.

I did look at that link but it seems to assume the funds are in the applicant's bank account, when in my case I don't get funds given to me, but my partner simply pays my living costs himself. I do have actual access to his bank account, but it's in his name only. So, the money is available to me as we live together. Purely on that basis. Surely anyone with a bit of logic would see that if I haven't been working or earning not enough to even pay tax and I am still here after 5 years and survived, someone must have helped me financially. As I said I haven't been surviving on benefits.

One last thing... I am currently jobseeeking.

Thanks again for the patience!