Polish national applying for British Citizenship

Hi all,
I'm a polish national 1st moved to UK in 2005 with my ex-husband and son. I started working part time in 2005 but never registered at home office (only ex-husband has registered) like polish nationals should have done back then. and haven't had a permanent job up until 2009 as we moved a lot with my ex-husband's job. however since 2009 I've been both self employed and employed until 2013 where I stopped my self employment and continue as an employee until now.
I got remarried in late 2012 to my new husband whose a Sri Lankan citizen after getting my divorce earlier that year, and together we have a little daughter nearly two years old.
My son from previous marriage also live with us whose 14 now.

So my questions are:

1). can I apply for citizenship straight away or must I apply for PR first?

2). can my family apply with me at the same time or should they wait until mine's granted?

3). would, me not been registered at home office be an issue for my application?

4). What form must I use as the application and what sort of documents I need to provide?

5). Can I apply on my own or do I need to consult someone (lawyer or some authority)?

I hope you will provide me all the necessary details I need to know and thank you so much for this service.
Thank you again.
silvia.

Hi,

As far as I know you should have applied for WRS if you were employed! Without that you did not work legally so it does not counting toward your BC.
I am afraid you cannot apply for BC till 2017 as WRC was abolished in 2011.
As you are not eligible for naturalisation I think all of other questions are not applicable at the moment.

jaweb wrote:Hi,

As far as I know you should have applied for WRS if you were employed! Without that you did not work legally so it does not counting toward your BC.
I am afraid you cannot apply for BC till 2017 as WRC was abolished in 2011.
As you are not eligible for naturalisation I think all of other questions are not applicable at the moment.

Thank you for taking time to reply me.
So what about my NI contributions and Tax I've paid since 2009? can't use that as a prove of me exercising the treaty and doesn't it count for the application?

Thanks again.

You have written you had stopped your self employment in 2013 so I am afraid it does not count as it needs to be continously anyway. You need to wait till 2017

silpe wrote:Hi all,
I'm a polish national 1st moved to UK in 2005 with my ex-husband and son. I started working part time in 2005 but never registered at home office (only ex-husband has registered) like polish nationals should have done back then. and haven't had a permanent job up until 2009 as we moved a lot with my ex-husband's job. however since 2009 I've been both self employed and employed until 2013 where I stopped my self employment and continue as an employee until now.
I got remarried in late 2012 to my new husband whose a Sri Lankan citizen after getting my divorce earlier that year, and together we have a little daughter nearly two years old.
My son from previous marriage also live with us whose 14 now.

So my questions are:

1). can I apply for citizenship straight away or must I apply for PR first?

2). can my family apply with me at the same time or should they wait until mine's granted?

3). would, me not been registered at home office be an issue for my application?

4). What form must I use as the application and what sort of documents I need to provide?

5). Can I apply on my own or do I need to consult someone (lawyer or some authority)?

I hope you will provide me all the necessary details I need to know and thank you so much for this service.
Thank you again.
silvia.

1) When you have exercised treaty rights for 5 years in UK as a qualified person (worker, self-employed etc) you will acquire PR automatically.
You will then have settled status in UK.

It is optional & your choice whether you then apply for a PR card.

2) Where were your children born?
If born in UK they will be entitled to register as British as soon as you are settled (with PR) they don't need to wait for you to naturalise.
This may apply to your daughter.

Your son (seems he was most likely born abroad?) would have to be registered (as a minor) as a BC (before age 18) once you qualify to naturalise.

3) Yes, unfortunately not registering for WRS means your work before 2011 won't count as exercising treaty rights in UK.

4) See Gov UK website - search for citizenship.
It's worth looking at details now so you can be sure to assemble everything you need in good time;
for example LITUK test, your proof of English (etc) ready for when it's time to apply.

5) Yes you can apply directly or use a local council checking service (NCS) for a small fee.
Many people do this (it's not necessary to employ an adviser).

[quote="jaweb"]You have written you had stopped your self employment in 2013 so I am afraid it does not count as it needs to be continously anyway. You need to wait till 2017[/quote
I've worked as an employee even though I've stopped my self employment. anyway Thanks for your advice. much appreciate it.
Thank you.

noajthan wrote:

silpe wrote:Hi all,
I'm a polish national 1st moved to UK in 2005 with my ex-husband and son. I started working part time in 2005 but never registered at home office (only ex-husband has registered) like polish nationals should have done back then. and haven't had a permanent job up until 2009 as we moved a lot with my ex-husband's job. however since 2009 I've been both self employed and employed until 2013 where I stopped my self employment and continue as an employee until now.
I got remarried in late 2012 to my new husband whose a Sri Lankan citizen after getting my divorce earlier that year, and together we have a little daughter nearly two years old.
My son from previous marriage also live with us whose 14 now.

So my questions are:

1). can I apply for citizenship straight away or must I apply for PR first?

2). can my family apply with me at the same time or should they wait until mine's granted?

3). would, me not been registered at home office be an issue for my application?

4). What form must I use as the application and what sort of documents I need to provide?

5). Can I apply on my own or do I need to consult someone (lawyer or some authority)?

I hope you will provide me all the necessary details I need to know and thank you so much for this service.
Thank you again.
silvia.

1) When you have exercised treaty rights for 5 years in UK as a qualified person (worker, self-employed etc) you will acquire PR automatically.
You will then have settled status in UK.

It is optional & your choice whether you then apply for a PR card.

2) Where were your children born?
If born in UK they will be entitled to register as British as soon as you are settled (with PR) they don't need to wait for you to naturalise.
This may apply to your daughter.

Your son (seems he was most likely born abroad?) would have to be registered (as a minor) as a BC (before age 18) once you qualify to naturalise.

3) Yes, unfortunately not registering for WRS means your work before 2011 won't count as exercising treaty rights in UK.

4) See Gov UK website - search for citizenship.
It's worth looking at details now so you can be sure to assemble everything you need in good time;
for example LITUK test, your proof of English (etc) ready for when it's time to apply.

5) Yes you can apply directly or use a local council checking service (NCS) for a small fee.
Many people do this (it's not necessary to employ an adviser).

Hi,
Thank you so much for your advice. you've just answered all my questions in such a helpful manner.
Only one last question though,

So as you said all my employments before 2011 won't count I must wait until 2016 to apply for PR am I right?

silpe wrote:1) When you have exercised treaty rights for 5 years in UK as a qualified person (worker, self-employed etc) you will acquire PR automatically.
You will then have settled status in UK.

It is optional & your choice whether you then apply for a PR card.

2) Where were your children born?
If born in UK they will be entitled to register as British as soon as you are settled (with PR) they don't need to wait for you to naturalise.
This may apply to your daughter.

Your son (seems he was most likely born abroad?) would have to be registered (as a minor) as a BC (before age 18) once you qualify to naturalise.

3) Yes, unfortunately not registering for WRS means your work before 2011 won't count as exercising treaty rights in UK.

4) See Gov UK website - search for citizenship.
It's worth looking at details now so you can be sure to assemble everything you need in good time;
for example LITUK test, your proof of English (etc) ready for when it's time to apply.

5) Yes you can apply directly or use a local council checking service (NCS) for a small fee.
Many people do this (it's not necessary to employ an adviser).

Hi,
Thank you so much for your advice. you've just answered all my questions in such a helpful manner.
Only one last question though,

So as you said all my employments before 2011 won't count I must wait until 2016 to apply for PR am I right?[/quote]

Yes, 2016 would be the earliest possible if you continue to exercise treaty rights in UK in a valid way, for example as a worker.

You didn't mention where your children were born.
This will affect when they can apply to register as BC (& under which section of the appropriate nationality law they register).

noajthan wrote:

silpe wrote:1) When you have exercised treaty rights for 5 years in UK as a qualified person (worker, self-employed etc) you will acquire PR automatically.
You will then have settled status in UK.

It is optional & your choice whether you then apply for a PR card.

2) Where were your children born?
If born in UK they will be entitled to register as British as soon as you are settled (with PR) they don't need to wait for you to naturalise.
This may apply to your daughter.

Your son (seems he was most likely born abroad?) would have to be registered (as a minor) as a BC (before age 18) once you qualify to naturalise.

3) Yes, unfortunately not registering for WRS means your work before 2011 won't count as exercising treaty rights in UK.

4) See Gov UK website - search for citizenship.
It's worth looking at details now so you can be sure to assemble everything you need in good time;
for example LITUK test, your proof of English (etc) ready for when it's time to apply.

5) Yes you can apply directly or use a local council checking service (NCS) for a small fee.
Many people do this (it's not necessary to employ an adviser).

Hi,
Thank you so much for your advice. you've just answered all my questions in such a helpful manner.
Only one last question though,

So as you said all my employments before 2011 won't count I must wait until 2016 to apply for PR am I right?

Yes, 2016 would be the earliest possible if you continue to exercise treaty rights in UK in a valid way, for example as a worker.

You didn't mention where your children were born.
This will affect when they can apply to register as BC (& under which section of the appropriate nationality law they register).[/quote]

Thanks again. Yes as You've assumed my son was born in Poland and daughter in UK.
So I think you've informed all correct.

Thank you ever so much for your time and effort. If there's any way I can rate your answers or something, Please let me know.
Thank you so much,
silvia.

silpe wrote:Thanks again. Yes as You've assumed my son was born in Poland and daughter in UK.
So I think you've informed all correct.

Thank you ever so much for your time and effort. If there's any way I can rate your answers or something, Please let me know.
Thank you so much,
silvia.

Silvia,
Nothing else is required.
A lot of people on this forum are happy to contribute their time & experience or knowledge, (both large & small).
Hope it helps for you

noajthan wrote:

silpe wrote:Thanks again. Yes as You've assumed my son was born in Poland and daughter in UK.
So I think you've informed all correct.

Thank you ever so much for your time and effort. If there's any way I can rate your answers or something, Please let me know.
Thank you so much,
silvia.

Silvia,
Nothing else is required.
A lot of people on this forum are happy to contribute their time & experience or knowledge, (both large & small).
Hope it helps for you

Keep up the good work. we are so lucky to have such a forum. I really appreciate your service.
Thanks a million. Take care.
Silvia.

if she was self-employed before May 2011 she can use those years towards PR as WRS was't required for self-employed people.
you will have to give us your work history in details to determin if you can apply for BC now.

boloney wrote:if she was self-employed before May 2011 she can use those years towards PR as WRS was't required for self-employed people.
you will have to give us your work history in details to determin if you can apply for BC now.

Yep it's all about the details
- surely any employed work in/before 2011 will fragment the continuity of OP's exercising of treaty rights if such work wasn't validated or 'authorised' under WRS.
Thus even the credit towards PR of any self-employed work (non-WRS) in/before 2011 would be lost.

To play safe & minimise risk to outlay OP could shoot for confirmation of PR card before any full application to naturalise.

noajthan wrote:

boloney wrote:if she was self-employed before May 2011 she can use those years towards PR as WRS was't required for self-employed people.
you will have to give us your work history in details to determin if you can apply for BC now.

Yep it's all about the details
- surely any employed work in/before 2011 will fragment the continuity of OP's exercising of treaty rights if such work wasn't validated or 'authorised' under WRS.
Thus even the credit towards PR of any self-employed work (non-WRS) in/before 2011 would be lost.

To play safe & minimise risk to outlay OP could shoot for confirmation of PR card before any full application to naturalise.

Even if she was self-employed and employed (without WRS) at the same time (for two different companies) surely she will be able to use self-employment to secure her PR (I would't even mention that I was employed).
but for now we don't know what she was doing.

[quote="boloney"][quote="noajthan"][quote="boloney"]if she was self-employed before May 2011 she can use those years towards PR as WRS was't required for self-employed people.
you will have to give us your work history in details to determin if you can apply for BC now.[/quote]

Yep it's all about the details
- surely any employed work in/before 2011 will fragment the continuity of OP's exercising of treaty rights [i]if such work wasn't validated or 'authorised' under WRS.[/i]
Thus even the credit towards PR of any self-employed work (non-WRS) [i]in/before 2011[/i] would be lost.

To play safe & minimise risk to outlay OP could shoot for confirmation of PR card before any full application to naturalise.[/quote]
Even if she was self-employed and employed (without WRS) at the same time (for two different companies) surely she will be able to use self-employment to secure her PR (I would't even mention that I was employed).
but for now we don't know what she was doing.[/quote]


The point is CONTINOUSLY for PR. It is safer to get PR card first then apply for naturalisation