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I have PR (Indian national married to an EEA national) and have been filling out my citizenship application. I have a few questions regarding documents. Very grateful for your help

The documents page at the end of the application says:

You must provide your documents after you submit your application, these can be originals or copies. Any passports provided must be originals.

and

You do not need to send any physical documents to the Home Office or UK Visas & Immigration unless you are advised to do so.

1. So am I correct in thinking that all documents can be scanned ((including BRC) except passport which needs to be mailed?

2. When and how will I be advised to send the passport?

3. How long will they keep my passport? Is there an option to request it back?

4. Can I travel while my application is pending?

Mr ______'s proof of Nationality
You must include your:
passport or EEA national identity card
UK permanent residence card
evidence of freedom from immigration time restrictions

5. What is evidence of freedom from immigration time restrictions?

Proof of living in the UK for Mr ________ 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.

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.

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. I understand I need to have been living in the UK for 5 years as I am not married to a British citizen. However, why do I need to prove this again. Isn't my BRC, which I just obtained, the proof of this?

7. If I do need to prove it again, then which category do I fall under from above? Might be a silly question as I'm obviously a non-EEA national, but usually I'm grouped together with EEA national for these requirements. It usually says for example, "For EEA nationals, or family members of EEA nationals". So is this a mistake here or do I just need to submit my passport for UK residence proof?

Sorry for the length. Hugely appreciate your time.

1. So am I correct in thinking that all documents can be scanned ((including BRC) except passport which needs to be mailed?

No. ALL documents are scanned and uploaded. NOTHING is sent to UKVI as originals anymore.

2. When and how will I be advised to send the passport?

You won't.

3. How long will they keep my passport? Is there an option to request it back?

Irrelevant. But if they do ask for it, they usually keep it for as long as they take to process the application. It is rare that they ask for the original passport.

4. Can I travel while my application is pending?

Yes.

Mr ______'s proof of Nationality
You must include your:
passport or EEA national identity card
UK permanent residence card
evidence of freedom from immigration time restrictions
5. What is evidence of freedom from immigration time restrictions?

Do you have a document certifying PR or do you have Settled Status under Appendix EU??

Proof of living in the UK for Mr ________ 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.

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.

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. I understand I need to have been living in the UK for 5 years as I am not married to a British citizen. However, why do I need to prove this again. Isn't my BRC, which I just obtained, the proof of this?

No, your BRC is NOT sufficient and does not prove that you have been physically resident for 5 years. Those of us who followed the UK Immigration visa rules and ILR, would submit our passports showing stamps of entry etc. You don't have that so you have to prove your residence in other ways. Note that citizenship is under the Nationality LAWS and has its own mandatory requirements as stated in the legislature. You are not making an immigration or EEA route application.

7. If I do need to prove it again, then which category do I fall under from above? Might be a silly question as I'm obviously a non-EEA national, but usually I'm grouped together with EEA national for these requirements. It usually says for example, "For EEA nationals, or family members of EEA nationals". So is this a mistake here or do I just need to submit my passport for UK residence proof?

You are applying for citizenship in your own right. It has nothing do with being grouped together with your EEA national to meet EEA rules requirements. Your passport is NOT sufficient as it doesn't get stamped as an EEA family member. You need to provide alternative evidence, such as P60s, payslips etc to prove you were resident.

Thanks for replying, really appreciate it! Quick follow up if you don't mind

Do you have a document certifying PR or do you have Settled Status under Appendix EU??

I have a biometric resident card. But, in the section I quoted they ask for a passport, PR card and "evidence of freedom from immigration time restrictions". Don't know what the latter is.

You are applying for citizenship in your own right. It has nothing do with being grouped together with your EEA national to meet EEA rules requirements. Your passport is NOT sufficient as it doesn't get stamped as an EEA family member. You need to provide alternative evidence, such as P60s, payslips etc to prove you were resident.

I'm a bit confused. If you're saying my passport is not sufficient then I am in fact being grouped together under "EEA national" as I suspected. For clarity I'll requote the requirements given in the application:

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.

So that should read "If you are an EEA national, or family member of an EEA national". Right? If I'm understanding you correctly.

If what you're saying is true then I'm not sure what proof I can provide. I have not been in full time employment for 5 years so do not have payslips, P60s or P45s to cover that period. And they say bank statements and utility bills don't suffice. So what can I do?

Can anyone shed some light on this? Do I need to provide passport only as the application says or do I need to provide more (and assume I am being categorised as an EEA national)?

You have to provide documents, demonstrating physical presence in UK in last 5 years.
As a family member of EU person, you do not have your passport stamped when you enter UK, so your passport does not demonstrate when you were in UK.
If you worked continuously, forms p60 for last 5 years should be enough.

obormot wrote: ↑

Fri Aug 07, 2020 12:12 pm

If you worked continuously, forms p60 for last 5 years should be enough.

And if I didn't?

newrat wrote: ↑

Fri Aug 07, 2020 2:37 pm

obormot wrote: ↑

Fri Aug 07, 2020 12:12 pm

If you worked continuously, forms p60 for last 5 years should be enough.

And if I didn't?

Cover any sizeable gaps with Council Tax bills or other official documents/correspondence (such as HMRC, DWP pension, child benefit)

Also note, bank statements or household bills are not suitable proof you have been living in the UK.

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

Page 37/38

As Indian national, you passport is stamp when you come to UK. You can use to as you resident proof.
One of my friends did it. For citizenship and husband is from eea.

SwedenSap wrote: ↑

Fri Aug 07, 2020 8:59 pm

As Indian national, you passport is stamp when you come to UK. You can use to as you resident proof.
One of my friends did it. For citizenship and husband is from eea.

Unfortunately not. I checked my passport and I don't have any UK stamps in the last 5+ years.

Did you had eea family permit any time?
When you goto India or another country don't they stamp you in?


They only don't stamp eea.

You are non eea =Indian.

newrat wrote: ↑

Fri Aug 07, 2020 9:31 pm

SwedenSap wrote: ↑

Fri Aug 07, 2020 8:59 pm

As Indian national, you passport is stamp when you come to UK. You can use to as you resident proof.
One of my friends did it. For citizenship and husband is from eea.

Unfortunately not. I checked my passport and I don't have any UK stamps in the last 5+ years.

Suggest you provide the usual documents applicable to EEA citizens and their family members, such as P60s or council tax bills covering the period. Clearly your passport is not stamped at the UK border so not proof of residency.

SwedenSap wrote: ↑

Sat Aug 08, 2020 2:05 pm

Did you had eea family permit any time?
When you goto India or another country don't they stamp you in?

Yes they stamp me in everywhere else. I have a lot of stamps, just no UK stamps.

I got a 'residence card of a family member of an EEA national' initially, which was valid for 5 years. Not sure if that's what you're calling a family permit.

If you worked or studied in UK, provide documents that show it.
Otherwise - any official documents demonstrating you were in UK physically.
They say bank statements or utility bills are not very good. Council tax may be better.
Though if your bank account is on your name only and it shows continuous stream of UK based transactions it is arguably an indication that you are in UK.
Single doctors letters are not good either, but if you visited your GP often you can ask for NHS records for last 5 years - they would show all your office/hospital visits.
Return tickets from UK and back (so they match your abroad passport stamps)?
Communications with tax authorities?
If you have children - child benefit letters, children school letters (stating that they see you around often), letter from GP that you take them to appointments..
Any club memberships, charity work, etc. - any documented public activity in UK..

I am not sure how many of those secondary documents you'd need.
For some immigration application they usually recommend one document per year, but citizenship is a different game.
Probably 2-3 per year?