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Residence Requirement and some Gaps! EEA National

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Seashell1
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Residence Requirement and some Gaps! EEA National

Post by Seashell1 » Wed Dec 14, 2016 10:17 pm

Good evening,

I am applying for the naturalisation next week.

Brief timeline:

Sept 2009 - February 2010 - enrolled at College for language course. Evidence - letter from College confirming my full time enrolment;

GAP between Feb 2010 to October 2010 (8 months gap) - I only have bank statements. I do not have evidence of utility bills or Council tax bills. I was not working, i was switching from one course to another course at university.

Oct 2010 - Oct 2011 - in full time University. Evidence - letter from the University;

GAP from Oct 2011 to February 2012 (4 months gap) - I only have bank statements as evidence of residency, I do not have utility bill evidence or council tax bills and I was not working, just switching from one course to another course at university.

Feb 2012 - Jan 2015 - Full time University. evidence - letter from University;

April 2012 - Feb 2015 - part time work. Evidence - letter from employer & payslips and P60s for year 2013, 2014 ;

Feb 2015 - current - full time employment. Evidence - payslips, contract of employment, P60 for year 2016.


I started off as a student and gradually went into full time employment, therefore i have gaps in between when I was studying.

I have DCPR, but I am yet to find out in my JCAP appointment when exactly I acquired it.

My only concern is that the HO may ask me additional evidence for 5 year residence in the UK.

My passport is not stamped.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Residence Requirement and some Gaps! EEA National

Post by noajthan » Thu Dec 15, 2016 9:20 am

Residence requirement for privilege of naturalisation is different from that for acquisition of PR.

As passport is not stamped on EU route. simply provide alternate forms of evidence, as per the AN guidance, for past 5 years.

Nothing to do with PR, although some of the same documents and letters from your stockpiled papertrail (that you have diligently have built up over past years for this very purpose) will prove useful.

Simple as that.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Residence Requirement and some Gaps! EEA National

Post by secret.simon » Thu Dec 15, 2016 10:22 am

Remember that the five years residence period for PR and five years residence period for naturalisation are different.

For PR, any continuous five year period of exercising treaty rights is sufficient.

For naturalisation, you need to prove absences in the five years immediately preceding the date of application. Also, you must have been physically present in the UK at the beginning of the five year period. So, if you were applying at an NCS today, you must prove that you were physically present in the UK on 16/12/2011 (date of application-5 years+1 day).

So, prepare your evidence accordingly.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Seashell1
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Posts: 13
Joined: Wed Dec 14, 2016 9:57 pm

Re: Residence Requirement and some Gaps! EEA National

Post by Seashell1 » Thu Dec 15, 2016 2:29 pm

Noajthan & Simon thank you for your replies!

You both clarified one important aspect which I think many people confuse!

5 years for PR are assessed differently than for Naturalisation application!

Therefore, if I'm applying on 22 December, I must prove I have been resident in the UK since 22 December 2011 !

Back in December 2011 I was waiting for my university course to start, I finished one year course on a full time basis in October 2011 and then since October until February 2012 I was not working or studying, basically I was self sufficient and as I was living in a rented apartment I also do not have any evidence of utility bills being paid for that period. I only have bank statements and a letter from my doctor.

Then I'm February 2012 I started studying on a full time basis and then I'm two months in April 2012 started working part time.

My only concern is that gap from October 2011 until February 2012 which is 4 month gap.

From your experience how the HO would look at this?

Although I was present in the UK for all that time and was just waiting for my university course to start.

I was helping out my friend to look after her little daughter during that time back in 2011 perhaps I could ask my friend to write a letter stating that? Or bank statements and letter from doctor would be enough.

The AN form does state that they would accept only the evidence from government organisations or educational establishments.

secret.simon
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Re: Residence Requirement and some Gaps! EEA National

Post by secret.simon » Thu Dec 15, 2016 2:58 pm

Bank statements, letter from doctor would help.

If you were living in a rented accommodation, presumably you had a rental agreement. That would be very useful.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Residence Requirement and some Gaps! EEA National

Post by noajthan » Thu Dec 15, 2016 3:32 pm

Follow AN guidance and submit appropriate documents to back your case.

Government and official documents are best.
Also think about items such as:
  • council tax bills;
    voter registration/electoral roll;
    driving license;
    car/house insurance;
    medical letters (doctor/dentist/optician etc);
    registration with RHA;
    any utility bills
& etc etc

So dust off that battered old suitcase under the bed and see what you can come up with.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Seashell1
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Posts: 13
Joined: Wed Dec 14, 2016 9:57 pm

Re: Residence Requirement and some Gaps! EEA National

Post by Seashell1 » Thu Dec 15, 2016 6:33 pm

Yes but the problem is that back in 2011 I was living with my friend and did not have rental agreement, I did not pay utility bills and of course I did not have council tax bills otherwise I would provide these.

No house or car insurance. The only evidence I have a is bank statements revealing I was shopping for example in Tescos etc making purchases in local shops and shopping malls.

I also have a doctors letter which I requested a weeek ago and it states that I have been registered NHS patient at the local practice since summer 2011 and that I was seen on a regular basis since then.

I don't have any other doctors letters as I have never been seriously ill but have been going to doctor every three months for my prescription. It the doctor said he can't give more specific details in the letter because of the sensitivity of the nature etc..

If I apply now in December and my application is refused it would be unreasonable because then I would apply again because from February 2012 I was a full time student enrolled on a course and have proof of that. So I'm talking here about approximately 3 months gap...

Although I have bank statements dating back to 2009.

Never really travelled abroad either maybe once or twice a year I was studying and focused mainly on that.

I understand you both noathjan & Simon try to suggest that I dig up any documents but I genuinely don't have any apart from one doctors letter which proves I was registered at the local practice since summer 2011 and bank statements from 2009 up until 2016.. hope this would be enough as the refusal would not be good in these circumstances...

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Residence Requirement and some Gaps! EEA National

Post by noajthan » Thu Dec 15, 2016 8:58 pm

Well you are where you are and need to work with what you have got.

But it is good practice to look ahead to the next application you are going to make; check the requirements.
Engineer your life to generate the necessary papertrail ahead of time;
cultivate appropriate contacts who can be your referees in future;
& so on.

It can save, or at least minimise, all such last minute panics and agonising.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Seashell1
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Posts: 13
Joined: Wed Dec 14, 2016 9:57 pm

Re: Residence Requirement and some Gaps! EEA National

Post by Seashell1 » Tue Dec 20, 2016 6:43 pm

I had my JCAP today and I did not give my bank statements as proof of residence. As I'm having a gap of two months and I wanted to give my bank statements which would reveal that I have been present in the U.K. Making purchases etc.

I also wanted to give my bank statements for the last 6 months the most recent ones but the lady did not take those . I'm now worried.

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