Few clarifications about BC needed, thank you....

[cindy77]

Hi everyone.

My husband and I moved (from Italy) to the UK in August 2007. So it has been longer than 6 years now and we would like to apply for British naturalisation.

I’ve had a look at many posts on this forum and many helped me clarify some doubts I had about this citizenship application, however I still have a few questions and I hope there are still some good Samaritans out there willing to go through this post and giving some answers. Thank you in advance, your help is much appreciated.


We have never applied for Permanent Residence (or ILR), therefore we don’t have an official document to prove it. But, I have been through the AN guide and booklet and it seems this is not a requirement when applying for BC as it can be done through the naturalisation process by providing evidence as mentioned on page 14 Guide AN, could you confirm this please? (Since for EEA nationals Permanent Residence is obtained automatically after exercising treaty rights for 5 years, I understand we do not need to obtain PR official document). Thank you.

As soon as we arrived we enrolled at an English language school for the first 8 months. We were self-sufficient for all those months, we lived on our savings. Unfortunately we didn’t have any comprehensive sickness insurance, (only our Italian European Health Insurance Card) do you think this would pose a problem to the success of our applications? Or maybe, given that we have to go back 5 years from the application date (which I suppose it’s going to be by the end of this year) I don’t even have to worry about these first months, or should I? (Dec. 2008- Dec.2013)

After these first 8 months my husband found a job (at that time we weren’t married yet) I studied as self-learner (no formal education) for 5 months and after that I enrolled at a university. What should I state the basis of my stay is for these 5 months of self-learner? Self-sufficient? My partner was working but how do I base my application, “on him”? I guess I should base my application on him by stating I’m a family member of an EEA national in section 2.4...?

In section 2.4 we have to state on what basis we were in the UK, since I‘ve never worked and I’ve always been either self-sufficient or (since my husband found a job) dependent on him, would the following info be considered satisfactory? (I’ve never had a comprehensive sickness insurance)
Date From Date To
Aug.2007 May 2008 STUDENT
May 2008 Oct.2008 Self- sufficient OR DEPENDENT or What?
Oct.2008 June 2011 STUDENT
July 2011 May 2013 Self- sufficient OR DEPENDENT or What?
May 2013 Oct 2013 STUDENT

In section 2.5, if I base my application as a EEA family member, am I supposed to complete this part or I just leave it blank?

From May 2012 until February 2013 my husband decided to take a break from work, he wanted to study a few things that would help him find a better paid job. For these 9 months we were self-sufficient, we relied on our savings, would a bank statement be a sufficient proof? What could he write in his application form in section 2.5, self-sufficient?

In Section 5 Referees and Identity, “one referee should be a person of any nationality who has professional standing”, should this referee be living in the UK? I don’t think so but could anyone please confirm this? Thank you.
My husband and I would like to apply at the same time to attract a lower fee, but we intend to use the same referee (who is a mutual friend who has professional standing) for our applications, it should be possible, shouldn’t it? Again, please confirm this, thanks.

We would also like to apply for BC for our 3 years old son who was born here in the UK.
According to Guide MN1 page 7
“[i]The child of an EEA national who did not become a British citizen at birth may now have an entitlement to be registered as a British citizen under section 1(3), if the parent has since become “settled” here. The parent will have become “settled” if:
•He or she has been granted indefinite leave in the United Kingdom, or
•He or she has been exercising EEA free movement rights in the United Kingdom for a continuous period of five years ending on or after 3o April 2006[/i] ”

We are not settled yet, but we’ve been exercising EEA free movement rights in the UK since 2007, although we don’t have an official document that proves it. Under which section of the British Nationality Act 1981 should I make this application (asked in part 1.1 of MN1 form)? On the HO website it says that section 3(1) applications are made when both parents are applying for citizenship OR the parents are not settled in the UK and are not BC, although in this last case the registration of the child is at the HO discretion. So, probably section 3(1) is the right one... Again, please confirm this, thanks.

In section 2 form MN1 we have to provide details of the child’s addresses, since he was born here, do I have to complete this part?

Thanks again.
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[Jambo]

Always a good place to find answers to question is the FAQ.

See Citizenship FAQs - Common Questions - Read before posting. Scroll down for info on children.

You say you were not married when you moved. When did you get married? On what basis did you enter the UK in 2007? As a tourist?

[cindy77]

Hi Jambo,
thanks for your prompt reply and for the link.

We got married in 2010. Before moving here we had booked an English language school (we booked it for 8 months) so I suppose we entered the UK as students, although this piece of info does not appear on our passports..

I'm just trying to understand whether we got any chance to obtain BC.

Thanks again

[cindy77]

Hi Jambo,

I've just had a look at the link you gave me for info on children, still, do you think we can apply for him at the same time as my husband and I? Or (as it seems to me) we have to wait until we (parents) obtain BC? Sorry, it's not completely clear...

Thanks again

[Jambo]

I assume you are both Italians.

For naturalisation you need to hold PR status (not necessarily PR Card) for 12 months before applying. PR status is obtained after 5 continuous years of exercising treaty rights. The question at hand is whether you have obtained PR (automatically) since you moved to the UK.

For periods you don't work, you need to have private health insurance or Italian EHIC. Does the Italiain EHIC covers all the gaps in your employment?

You can't rely on your husband activities for periods before you married.

Your UK born child can apply for British citizenship once you have obtained PR. He doesn't need to wait until you apply.

So the question is - are you able to show 5 continuous years of exercising treaty rights ?

[cindy77]

Hi Jambo,

yes, we are both Italian.

If we must hold PR for 12 months, assuming we can prove we've exercised Treaty Rights since we moved here Aug. 2007 until Aug.2012 we should be in a position to be eligible to apply for BC...shouldn't we?

Do you suggest we make sure we have acquired PR status by applying for the official document before applying for BC? By doing so we'll have then to wait another year before being able to apply for BC ...
Wouldn't this be already established in the Naturalisation process? on page 14 of the Guide AN we are asked for evidence of exercising Treaty Rights ...

I've never worked in the UK but as far as health insurance is concerned 've always been covered by my Italian EHIC.
You say that I can't rely on my husband employment for period before our marriage, should I state that I was self-sufficient and therefore provide evidence through for example our (joint) bank account. Would that satisfy the requirements OR you reckon I would not be eligible to apply for BC?

As for my husband he is also covered by his EHIC but, for the period of time he was off work (9 months) would the evidence of bank statements be a good enough proof of being self- sufficient?

Thanks Jambo, you are giving me a very big help and I really appreciate it.

[Jambo]

The advantage of applying for a document certifying your PR status (form EEA3) is that it is cheaper (£55) than naturalisation (£874) so in case of a refusal, you don't lose much. Having said that, you don't need it and can apply directly provided evidence you have obtained PR status in 2012.

You don't need to wait one year after the PR Card is issued. What you can do is submit evidence to cover 2007-2012 and if the PR Confirmation is granted, use the same evidence (which you know is good) to support your naturalisation applications ignoring the PR Card. So basically you are testing your evidence for £55. The downside is that it can take 2-3 months to be issued.

If the Italian EHIC covers the full 5 years until PR, you should be good as this would cover you for times of unemployment. You will need to submit bank statements (or other evidence. See form EEA3 for example of such evidence) to show you were self sufficient.

[cindy77]

Hi Jambo,

thank you very much for your advice.
I'll try to apply for EEA3 first, thanks again.
Have a good weekend!