Help needed for British Naturalization and BC (ILR via Entrepreneur route)

Hi Everyone,

Happy new year and Hope you all are at best your health.

Just a brief intro to my family that I got my ILR (via 5 years Entrepreneur Route) in 1st week of October 2019 and My son has got British Passport (as he was born after my ILR approval). My wife's Entrepreneur PBS dependent application was further extended for 3 years in same category i.e Entrepreneur Tier 1 PBS dependent.

I have closed my company/business due to continuous loss.

My questions are as follows:

1) When i will be eligible to apply for Naturalization or British Passport?

2) Do i need to apply first Naturalization and then for British Passport or is it one single application for both by post or online?

3) What documents are needed on the basis of ILR (via 5 Years Entrepreneur)?

4) is there any income requirement to show annually or maintainance funds?

5) Do you have to be in same business on that basis you got ILR?

6) do you have to be in continuous employement?

7) Will child benefit and universal credit if applied can affect the application?

Waiting for your suggestion anxiously.

Thanks for your time.

1) When i will be eligible to apply for Naturalization or British Passport?

Once you have held ilr for 12 months. Naturalisation and passport are two separate processes

2) Do i need to apply first Naturalization and then for British Passport or is it one single application for both by post or online?

Two separate processes. Naturalisation first and once you have attended your ceremony, only then can you apply for a British passport.

3) What documents are needed on the basis of ILR (via 5 Years Entrepreneur)?

The requirements are the same for everyone, regardless of your visa route to ilr.

4) is there any income requirement to show annually or maintainance funds?

No, you are not making a visa application!!

5) Do you have to be in same business on that basis you got ILR?

No.

6) do you have to be in continuous employement?

No.

7) Will child benefit and universal credit if applied can affect the application?

No.

Hi Everyone,

Hope you all are at the best of your health.

I have completed 12 months on ILR (via entrepreneur route) successfully. And have completed British Naturalization application online to see what documents are actually needed as per my data (have not paid application fee yet).

Application form has generated following document checklist for me but some of my friends have gone extreme adding more relevant and irrelevant documents in the application. That's why I need help from all seniors, juniors and other members to finalize documents:

1. The passport issued for me.

2. The degree certificate of mine to prove the level of English language required.

3. My proof of freedom from immigration time restrictions
You must provide one of the following documents:
• your passport showing you are able to remain permanently in the UK
• other (for example, a letter from the Home Office, your BRP card or other proof of exemption from immigration control)

4. Current Biometric Residence Permit of mine.

5.Proof of living in the UK for 5 years if applying in your own right or 3 years if applying as the spouse of a British Citizen

If you are married to, or in a civil partnership with, a British citizen, you must have been in the UK for the past 3 years.

If you are not married, or in a civil partnership with, a British citizen, you must have been in the UK for the past 5 years (this applies to me but I am married and Non EU national)

If you are an EEA National, you need to include letters from employers, educational establishments or other government departments, indicating your presence in the UK during the relevant 3- or 5-year period.

If you are a Non-EEA National, you need to include your passport to prove you have lived in the UK for the relevant 3- or 5-year period. (this applies to me)

If you do not have your passport or it was not stamped when you entered the UK, you need to include letters (for example, from your employer or government department) as proof.

Bank statements or household bills are not suitable proof you have been living in the UK.

6.Two referee declarations for me.


I am confused with checklist document number 5 (proof of living for 5 years in UK as Non Eu national and not married to British citizen partner). I got my business account closed in the month of February 2020 and applied for voluntarily company strike off in the month of March 2020 online. Unfortunately it took too long due to pandemic and my company struck off finally on the October 2020. Currently I am employed in a company since January 2020.

Now my friends have suggested me to include Current Summary from HMRC (which will cover self assements like SA302) for 5 years living proof and payslips from current employers along with current passport and old passports.

For the document number 6 (two declarations), my friends asked me that you need to download a particular form during application online, print and place your photograph on it and ask the referees to fill their details separately and upload it as well.

My question are as folloows:
1. Do I really need HMRC Current Summary (like SA302) to prove 5 years living in UK along with all passports and payslips (As Bank Statements and Household bills are not suitable proof)

2. I have filled all two referee declaration with their details in middle of application online. Is there a separate form to download online for referee declaration apart from that.

3. Please let me know that the checklist documents are perfect enough or Am I missing something to include such as Life in the UK certificate etc.

Thanks for your time and considerations.

Regards,
Abdul

1) You do not need this. This is only required for self-employed (1 year only). You would have mentioned your current job’s details and PAYE reference already in the online form. That is enough.
Also, to prove your 5 years residence, you ONLY need your passport(s) stamps covering 5 year period.

2) You input the referee details in the online form. Then you print and complete the following form. Referee’s sign and you upload.

https://visas-immigration.service.gov.u ... on_MN1.pdf

3) The online form asks for LIUK reference number which you would have input in the online form. However, surprisingly the checklist does not ask for it. You should upload LIUK anyways.

PS This is not an immigration application. AN falls under the nationality laws. Stick to the checklist and required documents only. Do not listen to your friends who are unaware. Read the official guidance and follow it only.

https://assets.publishing.service.gov.u ... uly_20.pdf

https://assets.publishing.service.gov.u ... gov-uk.pdf

Thanks Cullinan for your prompt reply.

I do have stamped entry clearance on very old passport and other passports do have in and out of UK entries so you mean to say that all passports should be enough to cover 5 years history for married and Non-EEA national (Non-Eu national)?

Thanks

Mak9878 wrote: ↑

Fri Oct 09, 2020 9:46 pm

Thanks Cullinan for your prompt reply.

I do have stamped entry clearance on very old passport and other passports do have in and out of UK entries so you mean to say that all passports should be enough to cover 5 years history for married and Non-EEA national (Non-Eu national)?

Thanks

Your qualifying period is 5 years. Lets say you apply on 15th Oct 2020. Your qualifying period will be 16th Oct 2015 till 15th Oct 2020. You only need passport(s) covering this period. Upload all pages bio including stamps. I would suggest to upload full passport(s) including blank pages also during this period.

Also, very important, make sure you are physically present in UK at the start of the qualifying period. Lets say if you apply on 15th Oct 2020, you must be in UK on 16th Oct 2015. Plus the other residence requirements i.e. not outside UK for more than 450 days and 90 days during 5 years and 1 year respectively.

Thanks Cullinan for very informative knowledge on the topic.

I was present in October 2015 physically in UK. From October 2015 to October 2020. I have been on holiday after Christmas December 2017 to till 1st week of February 2018 for wedding nearly for 45 days in single trip. which is obviously less than 90 days in a year and less than 450 days. I believe that should be ok.

Thanks

Anything within the absence limits is fine. Some applicants forget about checking the physical presence requirement at the start of the qualifying period and then have problems.

Date of application is the date you pay and submit online. Calculate accordingly.

Also, FYI only, you can travel after making an AN application. You only become British once you attend the ceremony not approval. So you can travel on your ILR BRP before that if you wish. You will have to return your ILR BRP within 5 days after ceremony as it will be invalid then.


Less than 90 days will be only for last 1 year i.e. Oct 19-20
450 days in last 5 years. Oct 15 - 20

CULLINAN wrote: ↑

Fri Oct 09, 2020 10:13 pm

Anything within the absence limits is fine. Some applicants forget about checking the physical presence requirement at the start of the qualifying period and then have problems.

Date of application is the date you pay and submit online. Calculate accordingly.

Also, FYI only, you can travel after making an AN application. You only become British once you attend the ceremony not approval. So you can travel on your ILR BRP before that if you wish. You will have to return your ILR BRP within 5 days after ceremony as it will be invalid then.


Less than 90 days will be only for last 1 year i.e. Oct 19-20
450 days in last 5 years. Oct 15 - 20

Thanks Cullinan.

I will not return ILR BRP as it will be required proof for my child's 1st British Adult Passport in future.

I have been following your thread regarding keeping ILR BRP for child future adult passport.

Did u get any fine or issue after keeping ILR BRP ?

Did u get any fine or issue after keeping ILR BRP ?

Nothing yet.

Hi Cullinan,

I am bit confused with referees.

I have got one professional reference from Accountant naturalized British. And other one is family friend naturalized British over the age of 25 and he is replenishment supervisor at Tesco.

Relationship to Accountant, I have mentioned as Business Contact. And relationship to 2nd referee as family friend.


Are the references fine?

Bothe referees are fine.

alterhase58 wrote: ↑

Thu Oct 15, 2020 9:29 pm

Bothe referees are fine.

But isn't it 2nd reference as family friend seem to be related?

Mak9878 wrote: ↑

Thu Oct 15, 2020 9:34 pm

alterhase58 wrote: ↑

Thu Oct 15, 2020 9:29 pm

Bothe referees are fine.

But isn't it 2nd reference as family friend seem to be related?

Relationship is when he is related to you by blood or marriage.

CULLINAN wrote: ↑

Thu Oct 15, 2020 9:40 pm

Mak9878 wrote: ↑

Thu Oct 15, 2020 9:34 pm

alterhase58 wrote: ↑

Thu Oct 15, 2020 9:29 pm

Bothe referees are fine.

But isn't it 2nd reference as family friend seem to be related?

Relationship is when he is related to you by blood or marriage.

Alright then, Thanks Cullinan and Alterhase58 for clarification.

Hi Cullinan,

one more question, Do I need to mention unemployment dates in 10 years employment history when I was not working and was at home during 10 years employment history?

Mak9878 wrote: ↑

Thu Oct 15, 2020 9:45 pm

Hi Cullinan,

one more question, Do I need to mention unemployment dates in 10 years employment history when I was not working and was at home during 10 years employment history?

If you were unemployed no need to mention anything.

CULLINAN wrote: ↑

Thu Oct 15, 2020 9:45 pm

Mak9878 wrote: ↑

Thu Oct 15, 2020 9:45 pm

Hi Cullinan,

one more question, Do I need to mention unemployment dates in 10 years employment history when I was not working and was at home during 10 years employment history?

If you were unemployed no need to mention anything.

Thanks Cullinan alot.

Hi Cullinan and Marcnath and Zimba,

Do you remember that I had one breach of condition of stay on the grant of initial entrepreneur visa (discussed here at the middle of page indefinite-leave-to-remain/help-needed- ... 7-160.html). That my initial entrepreneur approval was issued on March 2014 and brp arrival got delayed till mid of April 2014.

And that time I was continuously working on payroll and worked until mid of May 2014 after the approval of intial entrepreneur visa on March 2014 (BRP still not arrived till mid of April 2014). I continued employment by considering my finance and friends concern that they have not yet issued BRP and may be they are reconsidering the case again after approval letter or it might have been issued in mistake.

To cut story short. Now I am applying for Naturalization and I have to list the all the visas application made in UK with date application made, case reference and date when finger prints were taken.

Now the problem is that I have to list all the employment history for 10 years, in which i have to list 2014 employment joining and leaving date (May 2014) which contradicts (show breach of condition of stay) with grant of initial entrepreneur visa (march 2014 mentioned on brp but brp received in april 2014 mid).

I am very confused and worried that if HO couldn't catch that breach during initial entrepreneur, extension entrepreneur and ILR applications, it does not mean that they can not catch this time where applications and employment dates are contradicting each other.

what do you say and suggest.

Thanks

The same reply applies:

As long as your BRP states 16th April, you are in a better position. Sometimes one does not get approval letter so you can just consider BRP date.

Had your BRP issue and approval date be same that of 30th March I think you had more problem.

As Marcnath also said, HO should use discretion in this case. Stay positive.

BTW I have a similar situation where I have worked 4/5 days over.. I believe, CW should apply discretion..in your case...as approval alone is not the proof of immigration.. i think it makes more sense to go with the BRP date....

CULLINAN wrote: ↑

Fri Oct 16, 2020 10:27 am

The same reply applies:

As long as your BRP states 16th April, you are in a better position. Sometimes one does not get approval letter so you can just consider BRP date.

Had your BRP issue and approval date be same that of 30th March I think you had more problem.

As Marcnath also said, HO should use discretion in this case. Stay positive.

BTW I have a similar situation where I have worked 4/5 days over.. I believe, CW should apply discretion..in your case...as approval alone is not the proof of immigration.. i think it makes more sense to go with the BRP date....

Thanks Cullinan for you prompt reply. really appreciated.

These are the dates on my initial Tier 1 Ent visa:
Date of approval letter: 30 March
Date of BRP: 16 April
Received brp: around a week after 16 April 2014.
Worked after approval up to leaving date= 25 May 2014 (started job in Feb 2012)


I spoke to my friend's solicitor and his successful applicant as well on the same scenario like me. He had also same scenario (worked nearly 1 month after grant initial T1 Ent approval and visa) but he did not mention that job in the naturalization application form and got approval and got British Passport as well.

The period of my job which is clashing after approval is over 2 years. How can I skip that in the employment history of application form? If I skip it, HO can easily check that record with HMRC. But I have noticed that if you ask HMRC your record, they can send upto 5 years only from ordered that. So same applies to HO that they would have access for 5 years too.

For instance, if HO does not apply discretion, what would happen? will they put a ban for applying British Naturalization or will they curtail my ILR?

For instance, if HO does not apply discretion, what would happen? will they put a ban for applying British Naturalization or will they curtail my ILR?

In case of refusal they normally set a date/year when you could apply for naturalisation again - there normally isn't a ban.
ILR will not be affected, it's an immigration application under UK regulations whereas naturalisation comes under nationality law (different requirements, etc).

alterhase58 wrote: ↑

Sat Oct 17, 2020 9:17 am

For instance, if HO does not apply discretion, what would happen? will they put a ban for applying British Naturalization or will they curtail my ILR?

In case of refusal they normally set a date/year when you could apply for naturalisation again - there normally isn't a ban.
ILR will not be affected, it's an immigration application under UK regulations whereas naturalisation comes under nationality law (different requirements, etc).

Thanks alterhase58 for your reply.

I have submitted application yesterday. Lets see what happens. Is Sopra Steria IDV app working for naturalization?

I have not got invite yet or do i need to book appointment manually and attend sopra centre?

Thanks

You need to book an appointment. IDV is no longer being used since late September.

Hi Cullinan, Marcnath, CR001 and others,

I have prepared the following documents to be uploaded in categories as follows at UKVCAS website:

• Proof of Application:

Current Passport
Application Form
Current BRP
Cover Letter
Document Checklist ticked scan
photograph

• Education:

MBA Degree and Transcript

• Others:

1st Referee Decleration
2nd Refree Decleration

• Life Events:

Life in the UK Test Certificate

• Proof of Identity/Travel History:

Old Passport
Very Old Passport with Entry Clearance
ILR Approval Letter

• Residence in UK:

Current BRP

• Sponsors/Employment:

Shall I include p60 for 5 years or any self assessment (UTR number) (as I am employed in a company since Jan 2020 and my company has just struck off in 1st week of october.

Please update me if anything missing or extra is included.

Thanks