Tier-1 and later EEA --> appying for Naturalisation

[arutnl]

Hi all,
I have a question. Would the previous immigration visa types have to be in same category for the whole of the 5 year qualifying period?
I was originally on HSMP (2 years)+Tier-1 (1 year) and then applied and got my Irish citizenship and so was on EEA for 2 years.

I was told by the NCS person that I cannot mix those 2 types of visas. Either I have to be on HSMP+Tier-1 etc stream for the whole of the qualifying period or on the EEA.
I have not read anything like this anywhere. All I read was, it should be lawful residence and last 12 months should be free from immigration time restrictions. I assumed visa type is irrelevant.

Can some one please confirm which is right.

Thank you.

[Jambo]

The issue is not the mix of two types of visa but rather that you need to be free of immigration control and normally you can't get ILR as PBS migrant under the immigration rules or PR under the EEA regulations if you haven't been on one route for 5 years.

However, being Irish brings in another angle as Irish are considered settled in the UK from day 1 so should be able to apply after 5 years of residence.

See Irish citizen applying for British naturalisation (and my question there - why an Irish would wish to become British (just 2 years after becoming Irish)).

[arutnl]

Thank you Jambo for the reply.
Yes I did read your posts in that link and I have my personal reasons for applying.

(and by the way it is your post which gave me all the information I needed for this application)

Yes, the NCS person did agree that as an Irish citizen I can apply after 5 years as Irish are considered settled from day one.

Do you think there is any requirement that says applicant cannot be on different visa types? i.e. UK Immigration + EEA

[Jambo]

Thank you Jambo for the reply.
Yes I did read your posts in that link and I have my personal reasons for applying.

Fair enough. I was just asking as sometimes people are under the impression they need BC in order for their family member (children, spouses) to be eligible although in many cases, this is not required.

Yes, the NCS person did agree that as an Irish citizen I can apply after 5 years as Irish are considered settled from day one.

Do you think there is any requirement that says applicant cannot be on different visa types? i.e. UK Immigration + EEA

No. As I said, it's the ILR/PR which normally prevents the mix. In your (unusual) case, you should be able to mix the visa types as ILR/PR is not an issue.

[arutnl]

Thank you very much Jambo, your posts are always professional and very helpful.

So in my case, do you think I have to submit the p60's to prove my residence in the country? I do not have p60's for 2 years but have p45. As an Irish citizen I guess I do not have to be exercising treaty rights to live in UK and so what documents do you think they would expect to prove my residency?

[Jambo]

For naturalisation normally the passport is enough to prove residence but better check with NCS as your case is a bit unusual.

If they would require documents, then official letters (HMRC, electoral role) or employment evidence (P60,P45) is normally accepted.

[arutnl]

My Experience with NCS and the timelines:
I have been in UK on HSMP 2yrs + Tier1 1Yr + IrishCitizen 2 yrs.
I applied for naturalisation via NCS. The person in the NCS gave me hard time as he thinks I am not eligible to apply for naturalisation. (I won't blame him as my case is a bit different). He spoke to the Homeoffice guys while I was there when checking my documents. The Homeoffice guys also told him that I am not eligible. Even I took the phone and explained to them but still they weren't convinced. At the end the NCS guy accepted my application with a note saying that I have been explained that it might be refused but I still want to apply.

Their point is, either I have to be in UK on the normal HSMP+Teir1 route + ILR or the EEA 6 yrs (PR).
In my case it is a mix and that too less than 6 yrs because of Irish and 'Common Travel Area'.

I applied on 20th Sep and received my approval on 08-nov.

I think the NCS people are not always that knowledgeable and even some of the home office case workers. I have written a covering letter explaining my case with pointers to the relevant points from case workers instructions. I think this is what saved my application.

My advice to any one would be, if your case is a bit different, then do your research and if you are sure of everything, then just don't accept what ncs people say. Stick to your point, but make sure you explain in cover letter.

The guys here have been extremely helpful.

Good luck.

[79doc]

My Experience with NCS and the timelines:
I have been in UK on HSMP 2yrs + Tier1 1Yr + IrishCitizen 2 yrs.
I applied for naturalisation via NCS. The person in the NCS gave me hard time as he thinks I am not eligible to apply for naturalisation. (I won't blame him as my case is a bit different). He spoke to the Homeoffice guys while I was there when checking my documents. The Homeoffice guys also told him that I am not eligible. Even I took the phone and explained to them but still they weren't convinced. At the end the NCS guy accepted my application with a note saying that I have been explained that it might be refused but I still want to apply.

Their point is, either I have to be in UK on the normal HSMP+Teir1 route + ILR or the EEA 6 yrs (PR).
In my case it is a mix and that too less than 6 yrs because of Irish and 'Common Travel Area'.

I applied on 20th Sep and received my approval on 08-nov.

I think the NCS people are not always that knowledgeable and even some of the home office case workers. I have written a covering letter explaining my case with pointers to the relevant points from case workers instructions. I think this is what saved my application.

My advice to any one would be, if your case is a bit different, then do your research and if you are sure of everything, then just don't accept what ncs people say. Stick to your point, but make sure you explain in cover letter.

The guys here have been extremely helpful.

Good luck.

Hi arutnl. I am in a similar situation. Is it possible to have some more information with regards to your case.

Thanks a million.