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Some specific questions about naturalisation

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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deneassa
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Posts: 1
Joined: Fri Oct 30, 2015 11:38 am

Some specific questions about naturalisation

Post by deneassa » Fri Oct 30, 2015 12:03 pm

Hi guys :D

I am about to apply for naturalization but I am not sure that everything with my application is ok.
I came to UK as a student in Sept 2009 (6 years ago) and I had an EHIC card which I don't physically have anymore but just the actual details of the card (numbers and etc). I had the equivalent to NHS in my home country until 2013 without gaps.
I've received my Yellow Card (Student Work permit for Bulgarians/Romanians) in Nov 2009.
I've been employed without any gaps from Oct 2010.
In 2012 after 8months wait I've been refused Blue Card as according to HO I've worked more than the allowed 20h which was not the case, as just some months I was paid for 4 weeks and some for 5, hence the difference. Unfortunately HO didn't even give me the chance to appeal.
In Sept 2015 I've received my Permanent Residence and HO kept my Yellow and Blue certificates.

The question are:
1.Does issuing Permanent Residence proof that I haven't broken any immigration laws in the past 5 years and that refusal in 2012 doesn't count towards my Good character?
2.Do I need to wait to apply from the date my Yellow (Residence Certificate) Card was issued if I can't provide the original EHIC card but just numbers?
3. What's the actual figure of sufficient funds I need to evidence as a EU student? Most of the money I had was given to me in Cash from my parents so I have about a grand less then two on bank statements. I've seen something like £45.50/week for 2014 in this forum but nowhere else.

Your help is much appreciated!

secret.simon
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Posts: 11592
Joined: Thu Feb 21, 2013 9:29 pm

Re: Some specific questions about naturalisation

Post by secret.simon » Fri Oct 30, 2015 8:49 pm

deneassa wrote:Does issuing Permanent Residence proof that I haven't broken any immigration laws in the past 5 years and that refusal in 2012 doesn't count towards my Good character?
No. PR card is issued under EU law. EU law does not look at good character. It only looks at whether you exercised treaty rights in the UK for five continuous years. If you did, you get PR. A PR card is only confirmation of the PR that you have already acquired by law.

If you have already got PR card, I would suggest that you apply one year after getting the PR card. You can apply after one year of acquiring PR by force of law, but I would err on the side of caution. If your naturalisation application is rejected because of being too early, you would lose the whole fee (about £1000) less £80.

Now that you have a PR card, you do not need to worry about the sufficient funds requirements.

The requirements for you are
a) To be of good character
b) To have completed at least one year of PR
c) To be physically in the UK five years to the day on the date of application
d) Not to have spent more than 540 days outside the UK in those five years.

As regards the bit about working more than 20 hours, I would suggest applying for an SAR on the Home Office & HMRC for all the information that they have on you. It would cost £10 for each department. They will print out all the computer records on you and post it to you (alternatively, you can ask for it in electronic format). You can then go through the data to find out why they think you worked more than 20 hours a week and write a cover letter at the time of naturalisation application explaining your side of the story.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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