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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2169
Experience:  I am a qualified solicitor and an expert in UK law.
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I have been in a relationship with my partner for 4 years,

Resolved Question:

I have been in a relationship with my partner for 4 years, she is a polish national and works for a British shipping company overseas.
She is currently resident in Poland but lives with me in the UK when we are on leave.
Could you just summarise the best way for her to gain a UK nationality so the she can get an NI number etc?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Is she not undertaking any work etc in the uk?
Does she intend to live in the uk?

Kind regards
Customer: replied 1 year ago.
Hi,
Yes, she already lives in the uk.
She is employed by a uk company but works onboard cruise ships and does not pay NI as she is a polish national and is paid through Hong Kong.
Thanks


Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

I apologise for the delay in reverting back to you.

1. Polish nationals can work in the UK without the need for any permission, please see the following link:

http://www.ukba.homeoffice.gov.uk/business-sponsors/european-workers/

2. Once she has decided to undertake work in the UK she can apply for what is called a registration certificate, this documentation is not necessary but may be a good indicator for the Home office of when she commenced residing in the UK. She would need to fill in form EEA 1, please see the following link:

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/applying/

3. Once she has remain in the UK for 5 years, she may apply for permanent residence. She will need to provide documentation to show how she is exercising a treaty right in the United Kingdom. There are a number of options for this.

If she is working, she needs to provide the home office with proof of her employment. This can be by providing pay slips, a letter from her employer or an employment contract. These documents must show that she is currently exercising treaty rights so need to be dated within six weeks of the date of your application.

If she is self-employed, she needs to provide the home office with documents to show that she is self-employed. Documents that would support this include evidence of paying national insurance contributions, bank statements which show income earned or accountants’ letters.

If she is a student, she would need to provide a school, college or university letter confirming enrolment on the course. You will also need to provide a statement confirming that she has sufficient financial resources during her period of study along with supporting evidence such as a bank statement or evidence of a grant or scholarship; and evidence that she has comprehensive sickness insurance.

If she is economically self-sufficient, she will need to supply evidence of comprehensive sickness insurance for herself and any family members included in her application. She would also need to supply evidence of funds sufficient to maintain herself and any family members included in her application during the time she intends to reside on this basis. These funds can come from the employment or self-employment of any of her family members legally working and residing in the UK with her. Documentary evidence of their employment or funds should be supplied.

She would need to apply using form EEA 3, please see the following link:

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/applying/

4. Once she has obtained permanent residency she can then apply for naturalisation as a British citizen by filling in form AN, please see the following link:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/

5. If she wishes to obtain a NI number when she starts residing in the UK she would need to register with the HMRC. Please see the following link:

http://www.hmrc.gov.uk/nic/work/ni-uk.htm

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.
Thank you for the detailed response.
Could you just clarify these points:
1. As a seafarer she is not working in the UK, but lives in the UK. Is she eligible to apply for a resgistraion certificate?
2. In terms of applying for NHS registration etc. Does she first need to have lived in the UK for 5 years and have paid NI contributions?
3. Would getting married avoid all of these issues?
Thanks
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. As stated in my previous answer she does not require a registration certificate and can work without any prior permission. As long as she is resident in the uk she would not have an issue applying for registration certificate.

2. No she can register with the nhs when she likes.

3. Not really because the issues would still be applicable if she is married to a British citizen.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2169
Experience: I am a qualified solicitor and an expert in UK law.
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