Family application - AN and MN1

[swozniak]

Hi, I would like to apply for naturalisation but have few doubts with regards to my situation. I will try to describe it hopefully one of you "gurus" can help.

I have arrived in the UK with my wife (girlfriend then) in October 2004. Started working shortly after but forgot to register on Worker Registration Scheme until October following year (2005). My wife was working too and she got her certificate earlier than me. Anyway, from my understanding, my period of exercising treaty rights started in October 2005 which is 7 years ago.

Around June-July 2007 my wife stopped working as she got pregnant and she hasn't worked since. So she's got around 1.5 - 2 years of work history but she was not receiving any payslips at the time nor did she ever receive P60 forms which probably makes it look like she didn't work at all. For the purpose of this illustration lets assume she didn't work at all.

3 years later in July 2011 our second child was born.

Myself, I have been working in full time employment from 2005 - 2009. From 2009 I have established my own business and am still running it.

So to summarise my situation:
* In my understudying I have been exercising treaty rights for 7 years now
* My two children can be registered as BC based on the above

Here are the questions/concerns around my application:
* Will my wive's application be refused? I mean she does not have work history, the only thing that works in her favour I guess is that she's been living with me throughout that period and that I was supporting her and the rest of our family. Not sure whether her situation is classified as self-sufficient in which case there is a requirement of comprehensive medical insurance. Currently we do not have private medical care as I do not believe in it. Do I have to sign up just for the application?
* If I provide P60 from 2005 - 2009 + my latest self assessments would this be enough to prove me exercising treaty rights?
* Can a person from NCS act as one of the referees on the application?
* As I am EU citizen I can travel quite freely. I never get any stamps in my passport. Now I am going to do my best to list all the international travel I did over the last 7 years for all my family but what happens if I forget an odd trip? My gut feeling is that it doesn't matter all that much as long as I'm not anywhere close to the limit of (I think it's 450 day outside UK).


Thanks in advance for your responses. Appreciate your help.

Kind regads

[Jambo]

Under EEA regulations, PR is obtained automatically after 5 continuous years exercising treaty rights. The HO just confirms that status when applying using EEA3. Applying for PR confirmation is optional.

You can apply for naturalisation 1 year after PR was obtained (so 6 years in the UK). If you wish, you can apply for naturalisation directly.

The application form has a section for EEA nationals (Q2.4-2.6) which covers this scenario. Basically, the HO will examine the evidence to determine you have obtained PR at least one year before applying. You will need to submit evidence (P60s, letter from employer) to prove your claim (similar evidence to what a EEA3 application requires).

The only risk is losing the application fee (£850) if the HO are not convinced you have obtained PR. If your case is straightforward (6 years of employment, WRS registered), this risk is small.

So to summarise my situation:
* In my understudying I have been exercising treaty rights for 7 years now
* My two children can be registered as BC based on the above

* It seems that you have obtained PR status already.
* Children born in the UK after either parent has obtained PR are British for birth and don't need to be registered. They can apply for a British passport directly.

Here are the questions/concerns around my application:
* Will my wive's application be refused?

Only one EEA national in the family needs to exercise treaty rights. Your wife can be classified as a family member of EEA national and doesn't need to work. After 5 years of residence with you in the UK, she will also obtain PR automatically. There is no need for health insurance.

* If I provide P60 from 2005 - 2009 + my latest self assessments would this be enough to prove me exercising treaty rights?

You might need some more documents to prove self employment. Better to apply for EEA3 (PR Confirmation) first. The application is free and will flush out any issue without risking the application fee.

* Can a person from NCS act as one of the referees on the application?

Does he know you for 3 years?

* As I am EU citizen I can travel quite freely. I never get any stamps in my passport. Now I am going to do my best to list all the international travel I did over the last 7 years for all my family but what happens if I forget an odd trip? My gut feeling is that it doesn't matter all that much as long as I'm not anywhere close to the limit of (I think it's 450 day outside UK).

You are right here.

[Jambo]

The risk free option is to:
- Apply for PR confirmation using form EEA3 for yourself and your wife (no need to include the children).
- Use evidence from 2005-2010 (WRS certificate, P60s, for self employment - self assessment, bank statements, accountant letter. Check the form for details).
- If confirmed (it takes about 2-3 months), it will mean that the HO agrees based on the evidence that you have obtained PR. however, they will only confirm this for 2012 (when the confirmation is issued) and not 2010.
- Use the same evidence to apply for BC for yourself, your wife and children born before 2010. You can add the PR Confirmation and state in the cover letter that this PR Confirmation was issued in 2012 based on the same evidence you provide for the naturalisation application.
- Use the same evidence to apply for a passport for the child born in the UK after 2010.

[swozniak]

Thank you, you guys are amazing. Really quick and very thorough
responses.

It's all clear now with one clarification needed. Can you please confirm my understanding:

* Firstly I ask HO to confirm whether they agree on my PR status by submitting a form EEA3 for myself and my wife.
* Once they agree, I will apply using form AN for me and my wife + one child born before 2010 using for MN1
* At the same time as BC application, I can apply for passport for my youngest child providing all P60, WRS + PR letter to prove that I was settled at the time Maya was born.

Thanks again for you quick replies

[Jambo]

Your understanding is correct.

The key point is using evidence for 5 years ending at least 1 year ago so either from 2005-2010 or 2006-2011 and then use the same evidence again for all the applications. You need to send all the evidence again as your PR Confirmation would say "2012" and you need to prove you had PR 1 year before applying for naturalisation (and before the second child was born).

This way you make a free application to confirm your PR and reduce the risk of refusal for the naturalisation applications.