Do I have to list all my nationalities in the BC application

[Marritza]

I'm planning to apply for British Citizenship in a couple of months on the basis of my existing EEA citizenship + marriage to a British citizen. I also have US citizenship, however. Since I am not using the US citizenship as a basis for my application, do I need to list it anywhere on Form AN (for example, question 1.9 asks me what my "present nationality" is)?

I'm worried that if I do list both my current citizenships, then it might get confusing but if I don't, I could be accused of concealing facts (?). I know that if my application is successful and I need to apply for a British passport, I will need to send both of my current passports for a check. However, do I need to reveal my US citizenship when I apply for citizenship at any point?

P.S. I'm NOT worried about the legalities of having 3 citizenships.

[geriatrix]

Answer the questions truthfully.

[Marritza]

First of all, I'm not planning to lie - that's the reason I posted a question here at all!

Second - the problem is I don't understand their question about my current nationality - is it just the nationality I'm using to apply for BC or ALL nationalities? I don't want to cause confusion and get my application refused because they assume I'm applying on the basis of my US citizenship if I provide them with both my nationalities.

[Gyfrinachgar]

You have to complete the paperwork fully and truly. This means, you have to give both nationalities under "present nationality" - as at the time of the application, you hold both. Technically, you would be liable for prosecution if you would knowingly submit incomplete information (see page 14 of form AN).

[Marritza]

Thanks. I guess I'll just have to risk confusion then!

[geriatrix]

The confusion (in your mind) exists only because you assume that the answer to this question will have a bearing on the outcome of your application despite you fulfilling the necessary eligibility requirements.
If you stop assuming the "reason" for this question on the form, things will be much easier.

[Marritza]

Well, I'm only going on my previous experience with the border agency who once tried to tell me that my EEA ID card was fake upon entry into the UK and got even more suspicious when I produced a US passport. They wanted to use my US passport to let me in but that would've been illegal in my case so I had to spend quite a bit of time convincing them that the ID card is real and I really need to enter the country on that, not my US passport...

I guess it's the price to pay for multiple citizenships.

[Marritza]

Also, forgot to add that I actually entered the country as a US citizen (on a valid HSMP visa) initially because my EEA passport had expired (although I was still a citizen of the relevant EEA country). So how can I prove that I exercised my EEA rights for the last 5 years if there is a record of me entering the country with a US passport (rather than a EEA passport) 5 years ago? They might claim that this was illegal but what could I do if I did not have any EEA documents at the time and only a US passport with a valid HSMP visa? Since there's no stamp in my EEA passport whenever I enter the country, I can't really prove that I've been here AS A EEA CITIZEN for the past 5 years, only that I've been here legally for the past 5 years (employer letter) AND that I've been an EEA citizen all along (not sure how I can prove the latter actually...). Could that be a problem?

[Gyfrinachgar]

You entered the UK legally. You exercised EU treaty rights for the required period. Prove both. End of story.
If you cannot prove that you exercised EU Treaty law (I think you can, though), then an application on these grounds would fail anyway.

[Marritza]

Thanks. But how do I prove that "You exercised EU Treaty law for the required period"? Since my EEA passport only got re-issued within the 5 year period (2008), I have no proof that I was an EEA citizen before that (the EEA country retained my expired passport, unfortunately).

[Gyfrinachgar]

Thanks. But how do I prove that "You exercised EU Treaty law for the required period"? Since my EEA passport only got re-issued within the 5 year period (2008), I have no proof that I was an EEA citizen before that.

You can prove that you are an EEA citizen and, as you said, that you have been all along. If in doubt about that, HO can ask you for further evidence like a previous passport and they can also check with the authorities of your EEA home country - but I seriously doubt that they will do either. You can furthermore prove that you worked here for the required period. Submit your current EEA passport, letter(s) from employer(s), P60s, etc. and you are good.

[Marritza]

Thanks Gyfrinachgar, this really is reassuring! I'll just give them all I have and hope they sort it out.

[Jambo]

I assume the EEA citizenship is of one of the old EU countries and not the new joiners?

I'm curious, why have you applied for HSMP if you were a EEA citizen? Isn't it cheaper to get a new passport rather than a HSMP visa?

[Marritza]

No, it's an A2 country that joined in early 2007. I (was) moved to the US when I was quite young and let my EEA passport lapse once I'd obtained US citizenship. Once the country in question joined the EU all the passport-issuing/immigration systems had apparently changed and I actually had a problem getting the passport renewed since they could not find my national identity number although they did issue a certificate of citizenship and acknowledged that my expired "soviet style" passport was genuine. I spent c.2 years trying to obtain the passport and finally did manage to do so when I was already in the UK on a HSMP visa in a US passport.

[Gyfrinachgar]

No, it's an A2 country that joined in early 2007.

Did you participate in the accession worker card scheme?

[Marritza]

No, I got a job in the UK on the basis of my HSMP and then subsequently informed my employer that I am here on my EEA passport. And since I'd already worked in the UK for 10 months when I got my EEA passport and my HSMP was still valid, once I reached the 12 months, I checked online and realised that I don't have to have a certificate of being here legally because I'd already worked here for 12 months...

[Gyfrinachgar]

No, I got a job in the UK on the basis of my HSMP and then subsequently informed my employer that I am here on my EEA passport.

In that case you probably did not exercised EU Treaty rights as worker at any time of your stay. A8 nationals were required to participate in the Worker Registration scheme (now retracted), and A2 nationals are still required to participate in the Accession Worker Scheme. There are a few exceptions - check if any applies.

Thanks for raising that issue, Jambo, would have overlooked it.

[Marritza]

Gyfrinachgar, as I remember (and confirmed via your link), I am exempt because I was married to an EEA citizen (an "old" member country citizen who recently became a UK citizen) before the start of the 5-year period.

The possible complication was that I was in the UK for 2 years (2005-2007) on my HSMP and got married here but I am only claiming the 5 years from the end of 2007 since there was a few months' break in my residency in 2007 AND I was unemployed during most of the 2005-2007 period so it would be difficult for me to prove that I was resident here.

I'm thinking - if I submit an application stating I'm applying as a EEA citizen (with the 5-year residency requirement) and then it turns out that I haven't been exercising my EEA rights for some reason, would they be able to approve my application on the basis of me currently being married to a British citizen (with the 3-year residency requirement)?

[Gyfrinachgar]

Gyfrinachgar, as I remember (and confirmed via your link), I am exempt because I was married to an EEA citizen (who recently became a UK citizen) before the start of the 5-year period.

Keep in mind that in order to count, she must also exercise EU treaty rights (e.g. studying or working), and secondly that from the time she became a British citizen, she stopped exercise EU rights.

if I submit an application stating I'm applying as a EEA citizen (...) and then it turns out that I haven't been exercising my EEA rights for some reason, would they be able to approve my application on the basis of me currently being married to a British citizen

I do not think so, as it would be an application on completely different grounds.

[Jambo]

I'm thinking - if I submit an application stating I'm applying as a EEA citizen (with the 5-year residency requirement) and then it turns out that I haven't been exercising my EEA rights for some reason, would they be able to approve my application on the basis of me currently being married to a British citizen (with the 3-year residency requirement)?

No.

It is a two stage process. First you need to establish you have PR. Second, the requirements for naturalisation (in your case 3 years residence) are examined.

You can do it in two different applications - EEA3 for confirmation of PR status and then naturalisation or straight in one application. The advantage in splitting it into two applications is that EEA3 is free. The downside is that it takes 2-3 months to get.

[Marritza]

Gyfrinachgar, yes, my spouse was working the entire time. Also, once my spouse became a UK citizen, I had already been working here for more than 12 months (in fact, over 3.5 years) meaning that I would once again be exempt from the accession scheme requirement. Do you think this information could help to prove that I've been exercising my EU treaty rights legally? If so, do you think I need to submit any additional documentation for my spouse (e.g. P60s)?

Jambo, I've never thought of using the EEA3 - do you think I should do it because of the complications of my case or would you advise all EEA applicants to do so?

[Jambo]

Keep in mind that in order to count, she must also exercise EU treaty rights (e.g. studying or working), and secondly that from the time she became a British citizen, she stopped exercise EU rights.

I would assume that if she became BC, then she has been exercising treaty rights in 2007.

I might get confused now with your immigration history but it seems that you were exempted from registration as A2 and your years should count.

[Jambo]

Jambo, I've never thought of using the EEA3 - do you think I should do it because of the complications of my case or would you advise all EEA applicants to do so?

If you are not in a rush to become British, I would advise using EEA3 to reduce risk.

[Gyfrinachgar]

Jambo, I've never thought of using the EEA3 - do you think I should do it because of the complications of my case or would you advise all EEA applicants to do so?

I agree, it is very recommendable if you want to go the EEA route. It is a free way to verify that everything is in order and that the HO accepts the evidence provided. Better than risking 850 pounds. If refused, you can repeat the EEA3 application, and once you have error-proved everything, you can calmly go for British citizenship.

[Marritza]

Thank you both - using the EEA3 sounds sensible. The only thing I'm concerned about is the requirement to send the original passports (I was going to use the checking service for my BC application).