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Proving my treaty rights

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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BarbaraJ
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Posts: 1
Joined: Fri Jul 07, 2017 6:28 pm

Proving my treaty rights

Post by BarbaraJ » Fri Jul 07, 2017 6:46 pm

I need little help regarding passport application. I'm originally from Slovakia but living in uk from 2007. This year in march my daughter was born, so I applied for British passport for her. I received a reply that I have to send some missing documents they requested. One of them was P60 from 2011/2012, and here is the problem. I stopped working in February 2011, and was unemployed till October 2011, in October I started a new job, but my employer did not provide me with any payslips and did not sort the paperwork for me properly so there's no record of me being employed until may 2012 when I found a new job. I was working from 2007 till 2011 ,in 2011 had little jobless gap (6-7 months) where I lived with financial support of my partner and family. I did not claimed any benefits or was burden on the system . I did provided the passport office with bank statements and evidence I had some money coming into my account the time when I was unemployed ( as they told me I have to prove how I was living in the time when I had no job, and that surviving limit to live in London was 8000 pounds ) so I provided them with statements showing that I did have more than 8000 pounds coming into my account between march -December 2011, but the passport office decided not to use it as a valid information. I don't know what to do anymore. The application is being dragged on and on for months now, I did requested my employment history. But there's not really point because in the records it looks like I was without job for the whole 2011/2012 tax year therefor I can prove my treaty rights. Is there any place I could go to? Or do anything with the application? I find it very unfair since I'm living in the country and paying my taxes for 10 years, and because of little gap I had no job my daughter have to suffer:/

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Proving my treaty rights

Post by JAJ » Sat Jul 08, 2017 2:28 am

Do you have your own PR document/letter from the Home Office stating a date of Permanent Residence acquisition?
The income you earned in cash in 2011- was it declared to HM Revenue & Customs?
Were you registered with the Workers Registration Scheme from 2007-11?

As I understand it, short breaks in employment do not impact entitlement for Permanent Residence but it needs to be documented- and the Passport Office is not necessarily set up to deal with more complex claims to British citizenship. There may be the option to get your daughter a confirmation of British nationality status letter (form NS) which would then evidence British citizenship to the satisfaction of the Passport Office.
This is not intended to be legal or professional advice in any jurisdiction.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Proving my treaty rights

Post by Obie » Sat Jul 08, 2017 2:40 am

Evidence of source of income will be helpful. If you provide your partner's payslips it will help.

I find the pas sport office much more easier to deal with than the Home office. Which the passport office will require only source of sustenance, the home office will also request Comprehensive sickness insurance.

They apply the civil standard of proof my pragmatically than the Home office.

If you send your partners payslips, I believe it will help. Gap from Feb to October is very long, need to show you were genuinely seeking work or looking after a young child and not simply sitting at home.
Smooth seas do not make skilful sailors

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