Naturalisation of an EEA national. Who's right and who's not

[roomeleven]

After living in the UK for almost 9 years now, I think it is time for me to apply for British citizenship, which is also something I do want to do.

I first came to the UK in 2004 but in 2007 had a 4 months' break when I was unemployed. I was not claiming any benefits, did not register as a jobseeker and had no compulsory insurance therefore I started counting my 5 years of exercising Treaty rights in June 2007. I think it was easier and safer that way. In June 2012, after 5 years, I applied for PR using EEA3 form and that status was granted in September 2012.

My ambiguity starts here as to when I am allowed to apply for BC. I have seen some people saying that it can be June 2013, ie. 12 months after exercising Treaty rights for 5 years but some say - including page with answers to FAQs on this forum - that it should be 12 months after the date of issue of PR or in this case September 2013.

Which version is right? Does anyone have links to some sort of legislation? I believe that if I apply 12 months after the issue date, I will not have to send any paperwork covering those 5 years and that's the only advantage. Is that right? What if I don't want to refer to my PR status and apply for BC in June 2013? Will they (UKBA) ignore the fact that I received PR in September and therefore have to wait until September 2013?

Also, as proof of employment, am I allowed to send my P45s instead of P60s? I have some P60s missing and all original letters from my employers were not returned to me when I applied for PR. I don't want to ask my previous employers to send me another copies as it was pain in the neck to get some of them.

Any constructive input will be more than appreciated. Thank you and sorry if I am repeating any questions already answered.

[Jambo]

but some say - including page with answers to FAQs on this forum - that it should be 12 months after the date of issue of PR or in this case September 2013.

Where does it say so in the FAQ?
Did you read Q5 in Citizenship FAQs - Common Questions - Read before posting.

I believe that if I apply 12 months after the issue date, I will not have to send any paperwork covering those 5 years and that's the only advantage. Is that right?

True.

What if I don't want to refer to my PR status and apply for BC in June 2013? Will they (UKBA) ignore the fact that I received PR in September and therefore have to wait until September 2013?

Assuming you provide proof you qualify in June 2013, you will be fine.

Also, as proof of employment, am I allowed to send my P45s instead of P60s? I have some P60s missing and all original letters from my employers were not returned to me when I applied for PR. I don't want to ask my previous employers to send me another copies as it was pain in the neck to get some of them.

You can also get employment history from HMRC to confirm your employment.
By the way - which documents did you use for proof of employment for your PR application (EEA3)? You can just reuse them.

[roomeleven]

Thanks for your prompt reply Jambo.

Yes, it was Q5 that said I would have to wait 12 months after issuing the PR if I want to reference to it. To be frank, I don't really understand it. Why doesn't it count (12 months' period) from the date I sent (or even the date they received) the application?

By the way - which documents did you use for proof of employment for your PR application (EEA3)? You can just reuse them.

I had letters from employers stating my employment but I sent them originals and never got them back. I only have copies left and I don't think it would be acceptable.

Does the employment history I receive from HMRC state the dates of employment or just the names of employers and wages? Would you happen to know anything about that?

[Jambo]

In your first post you said that the FAQ stated that your eligibility is only 12 months from the issue date. This is not what is said there. As you correctly said in your last post, the 12 months from date of issue only applies if you want to use the PR confirmation as proof. Why can't you use it from date of application? This is because the sticker only state one date - date of issue. You can claim they can check your file to verify the submission date, well I'm not sure they record that date in the system. It will also not mean you were eligible. What if you applied a few months early (for the 5 years) but when the application was reviewed, the 5 years have passed so they approved the application. How would the nationality team know when the submission date is OK to use and when not?

If you didn't get the originals back from your PR application, you should ask for them. The HO should not keep them.

I believe the employment history has the start and end month of employment. At least that was the case, 1 or 2 years ago when I asked for it.

[roomeleven]

Jumbo,

In my first post I was referring only to applications following the obtaining of PR. Some sources said that I can do it 12 months after application and some sources (like the FAQ post written by you) that I need to wait a year after the issue date of my PR. I was referring only to cases when I don't have to send all the documentation previously used to get the PR.

I don't know if the Home Office still has those papers. I applied in June last year. You think they still keep them somewhere on file? Plus, how and who do I contact now?

[Jambo]

Fair enough.

I was just pointing out there is a difference between eligibility and proving your eligibility.

Well, you can write to the European application department (address on the application form) and complain you didn't get the documents or request a SAR (Subject Access Request - basically asking the HO to send your file back) or just wait till September. It's only 3 months difference.

[roomeleven]

3 months is a lot of time. I'd like to have it all done this year.

[Jambo]

Are you aware that by becoming British, future new immigration applications for family members (if you are not married/wish to bring non EU nationals) would need to be based under the (more strict) UK rules? You won't be able to use the EEA regulations after becoming British.

[roomeleven]

Ha! I don't think either of these applies to me; I enjoy being single and don't want/plan to bring any family members over here.