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Form AN - Evidence of lawful residence for EEA Nationals

Posted: Tue Oct 25, 2016 5:28 pm
by ivanx2
Hi all,

My first post on this forum and hope my only one asking for answers, I'll try and contribute and help others as I go through the process myself.

I'm a EEA National so when proving lawful residence, I can't use my passport, as no stamps. Contacting former employers isn't going to be the easiest way to proceed so I have the following question:

Are P60s enough proof of lawful residence? (in case it wasn't, can I combine with any other documentation or P60s aren't accepted at all?)

For a couple qualifying years I have been self employed, meaning no P60s were issued.

Is my Tax Return document enough proof? (If not, what is?)

Is this document called SA302? (If it is SA302, I can print myself a version from my Self Assessment profile but for some of the initial pages it says 'Copy Only. Do not send to HMRC', are this ok or should I request HMRC to send me printed ones over the post?)

Thank you for your help!

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Tue Oct 25, 2016 5:50 pm
by LilyLalilu
P60s, council tax bills, utility bills or bank statements can all be used to prove lawful residence.
If you were working full-time, P60s on their own are definitely fine.

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Wed Oct 26, 2016 4:55 pm
by ohara
I used P60's only and it wasn't a problem.

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Wed Oct 26, 2016 5:05 pm
by ivanx2
Thank you for your answers.

What about using the SA302 for the years I've been self employed?

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Thu Oct 27, 2016 11:12 am
by dapto10
If you're self-employed they might also expect to see a Statement of Account letter from HMRC (original) that clearly shows payments of tax and National Insurance.

You can request one by calling HMRC's helpline, they will send it in the post. It usually takes up to 2 weeks.

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Sat Oct 29, 2016 1:45 pm
by ivanx2
dapto10 wrote:If you're self-employed they might also expect to see a Statement of Account letter from HMRC (original) that clearly shows payments of tax and National Insurance.

You can request one by calling HMRC's helpline, they will send it in the post. It usually takes up to 2 weeks.
Ah I see, thank you very much. I will then send both SA302 and Statement of Account letter.

I'm guessing this letter is an update on my accounts at the time dated or do I need to get one per financial year?

You guys are being very helpful! 8)

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Sat Oct 29, 2016 4:59 pm
by dapto10
ivanx2 wrote: I'm guessing this letter is an update on my accounts at the time dated or do I need to get one per financial year?
The Statement of Account usually shows the state of your HMRC account at the time the letter has been requested.

It will show your tax and NI contributions for the past 3 years or so, dates payments have been made, etc, and it starts with a short note, something in the lines of: "Dear Mr / Ms, as per your request made on such and such date, I'm sending your current account statement'.

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Tue Nov 01, 2016 11:26 pm
by ivanx2
dapto10 wrote:
ivanx2 wrote: I'm guessing this letter is an update on my accounts at the time dated or do I need to get one per financial year?
The Statement of Account usually shows the state of your HMRC account at the time the letter has been requested.

It will show your tax and NI contributions for the past 3 years or so, dates payments have been made, etc, and it starts with a short note, something in the lines of: "Dear Mr / Ms, as per your request made on such and such date, I'm sending your current account statement'.
Thank you!

I'll send over the SA302s and a Statement of Account as proof of my self employed years... I hope they don't expect anything else to prove I was here

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Wed Nov 02, 2016 12:02 am
by dapto10
Should they need more information, they will send you a letter requesting such. You should be OK :-)

Good luck!

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Wed Nov 02, 2016 7:45 pm
by Berry777
In NCS i was told that bank statements and letters from the university is not going to be accepted by the HO as lawful residence!

i tried to argue back and say that it can be accepted as evidence if I do not have P60s !!

Members, please tell me, that the NCS was wrong.

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Wed Nov 02, 2016 9:46 pm
by LilyLalilu
According to p.30 form AN, letters from educational establishments (i.e. your university) are perfectly acceptable as evidence of residence:

"SECTION 3 Evidence of lawful residence during the 5 (or, if the applicant is married or in
civil partnership to a British citizen, 3) years before the date of the application: required for
applications made on the basis of residence in the United Kingdom: required for all applicants
• Your passports Or
• Letters from employers, educational establishments or other Government Departments
indicating presence in UK"

Bank statements are not mentioned (but are for example accepted for the separate DCPR application...)so I would go with the uni letter. Get an official letter from your Academic Registry Office confirming the periods during which you were a fully enrolled student + your graduation date if applicable.

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Thu Nov 03, 2016 1:35 am
by ohara
I can understand why bank statements alone may not be accepted, as you can have a UK bank account without living in the UK.

There is no employment requirement for naturalisation, so demanding P60's only would be senseless.

How about council tax bills?

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Thu Nov 03, 2016 8:40 am
by Raff113
Just to say that when I applied via NCS in September, they only took my p60's for the past 6 years and that was it.

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Thu Nov 03, 2016 10:06 am
by MrsGreenside
For the evidence of lawful residency P60s as well as Council Tax bills are acceptable. I went to the NCS in October and the case worker took copies of my P60s as well as my council tax bills. He said, that employment is not a necessary requirement for naturalisation/citizenship hence he could only send the council tax bills. However, he sent both as they were available (better too much than too little).

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Thu Nov 03, 2016 10:45 am
by dapto10
ohara wrote:
There is no employment requirement for naturalisation, so demanding P60's only would be senseless.
I believe they expect to see P60s as proof of tax and NI.

During my naturalisation I was asked to provide further evidence of residence although I was already free from immigration control at the time, and they specifically wanted P60s (if in employment) or HMRC Statement of Account (if self-employed).

My understanding is that they ask for these as proof of tax, rather than employment.

Re: Form AN - Evidence of lawful residence for EEA Nationals

Posted: Thu Nov 03, 2016 10:46 am
by ohara
dapto10 wrote:I believe they expect to see P60s as proof of tax and NI.
This requirement was only recently added, I think it was the reason for the June 2016 update of the AN Guide.