Naturalisation - maintenance evidence?

[tui72]

I got ILR (HSMP JR) this week, PEO Croydon.

I am now going to apply to naturalise, which I can now actually apply for via marriage to UK citizen, or by the residency category (ILR backdated to 09-2007 due to JR).

My appointment today lasted 70 minutes as my financial situation is complicated. Briefly - started a business soon after HSMP initial approval. Have not drawn salary or dividends. We live on wife's earnings as a landlord.

I learned the hard way that the brief statement in the ILR application form about 'evidence of economic activity' amounts to an almost Spanish Inquisition, as for my first PEO I was turned away as having insufficent evidence with me.

So despite the different (lesser) requirements for naturalisation, my experience with ILR has left me nervous about what to submit with my naturalisation application.

It appears that I can ignore the evidence required of EEA / Swiss applicants. But as someone who has been self-employed and not drawn a PAYE-type salary, what do I do about the "Self-employed people who do not pay tax through PAYE arrangements: Evidence that you have paid the relevant tax" requirement? My Ltd company has entered the minimum tax-free salary each year in the accounts (c£5000), but I had not drawn this from the business. I presume my accountant has filed something with the Revnue, so what evidence should I obtain?

Aside from this issue, I intend to submit via a nationality checking service:
My passport
HSMP letters
HSMP JR letter backdating ILR to 09-2007
Marriage certificate
Wife's British Citizenship certificate

Am I missing anything?

Finally, my wife may shortly need to renounce her UK citizenship as she has discovered her nationality of birth does not allow dual citizenship. If she does that after I become a UK citizen, does that affect my citizenship if I applied under to naturalise under the marriage category? If so, should I apply under the residency category as a precaution? ... and if so (!), should I submit any additional evidence regarding proof of residency other than just my passport showing the relevant visas + the HSMP letters? Sorry if this seems overly nervous!

Many thanks in advance

[John]

Am I missing anything?

With respect yes! You are missing out on a read of the form AN and the guide AN. Or if you have read them, you are continuing to invent requirements.

Just submit what the form asks for, and stop over-complicating the Naturalisation application.

[tui72]

Am I missing anything?

With respect yes! You are missing out on a read of the form AN and the guide AN. Or if you have read them, you are continuing to invent requirements.

Just submit what the form asks for, and stop over-complicating the Naturalisation application.

Hello John,

I appreciate the prompt response, though it doesn't answer my questions. Of course I have read the AN form and the AN guide.

However, I have learned through experience that UKBA can provide insufficent and sometimes inconsistent guidance regarding what to include with an application.

Specifically, for my HSMP JR ILR PEO - I arrived previously with invoices, bank statements and stock records for my Ltd business. I was turned away at the pre-payment screening because I didn't have my company incorporation certificate, bank statements for the entire period, original company accounts for the five year period. I said that I brought what I considered met their 'evidence of economic activity' requirement. They actually said, and I quote "If we listed all the things that might be needed it would be a whole book". So for my follow up PEO I took five years of bank statements (for the consultant to say "oh, yo must have shown evidence up to 2007 for your HSMP extension, so we only need the last two years"), five years of company accounts, stock records. In the end because the company accounts for the last two year are in draft form, he had to go to a senior supervisor to see if my five years' worth of bank statements were sufficient enough evidence! And here we are talking about a requirements merely described as 'evidence of economic acitivity'.

So my experience has made me very weary about what evidence is actually required.

Question One:
My understanding, reading the guide, is that if I apply on the basis of residency, I need to include evidence (quoting from page 27 of the AN guide):
"For individuals who are self-employed / business person:
• Evidence from the HM Revenue and Customs confirming payment of tax over the relevant period."

As I explained in my first post, I don't have any such evidence. I declared the minimum annual tax-free salary (c£5000) in my company returns each year, but have not drawn down this money from the company.

In what way can I satisfy this evidence requirement? Do I need to obtain a letter from the Revenue?

Question Two:
My reading of the AN guidance notes leads me to believe that the evidence required in my question one is NOT required if I apply under the marriage to BC category. Is that correct?

Question Three:
If I apply under the marriage to BC category and my wife subsequently renounces BC (due to non-allowance of dual citizenship of her first nationality), does that affect my BC status if I applied to naturalise under this category? (Which is why I am considering applying under the residency category for which I also qualify).

I hope this clarifies my first post. I HAVE read everything thoroughly, but I had also read everything thoroughly for my HSMP JR ILR and still got tripped up on a couple of things. I don't want to jeopardise or delay my naturalisation application.

Hence my humble request for assitance from those on this forum who might have the experience to guide me.

Thanks again in advance.

[f2k]

IMO

Q1 - I think you should be looking at page 28 'Self Employed Applicant'. So I think you or your accountant must sent something to HMRC to show your earnings and possibly got something back. I think you have to provide evidence for this even if applying as spouse of BC. There is a question on the form as well about this in the 'Good Character' section.

Q2 - As your take on this is incorrect. I say this because there is no application category of 'self employed'. So the self employed section mentioned on page 28 covers everyone. IMO. Again refer to section 3 of form

Q3 - As long as wife is still BC when you complete the naturalisation process i dont see why this could be a problem

[John]

tui72, from the tax point of view, you are not self-employed at all. You are a Director of a Limited Company, and the accounts of that company show you as having paid you a modest salary.

As regards Naturalisation applications, there are no hidden requirements. You really do need to supply only what the form and guide say you need to supply.

I reiterate, yes you need to supply information on the form, such as Tax Reference and NI Number, and yes you need to sign the declaration giving UKBA permission to examine your record in the HMRC computer system, but that is it! Don't invent requirements that are not there.