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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
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Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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I have another question pls. You advised me to apply for naturalisation

Resolved Question:

I have another question pls. You advised me to apply for naturalisation of my husband basis Eea family permit. He came to this country on eea family permit (married to me I am polish). Now I am not sure whos documents should I sent wit the form. Obviously his id, pasport, life in uk test, but to prove 6 years residency, would that be my payslips and permanent residence card or his self-employment?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.

Thanks for requesting me.

 

Naturalisation relies on his time in the UK and he is no longer dependent on the relationship or on you exercising your treaty rights in the UK, so he primarily needs to evidence his time in the UK and his employment and finances.

 

It is also part of the application to evidence the residential period as well - many people think it is only the additional year after ILR that needs to be evidenced. As the residential period relied on his relationship with you it is therefore a good idea for you to also include your passport and some payslips/previous P60 documents. It certainly cannot hurt the application and it enables a 'difficult' caseworker to see that ILR was correctly granted and thus that the residential period was in accordance with the terms of the visa.

 

So, to summarise, evidence his time in the UK and his employment and finances (if self-employed it is important to show he is registered as self-employed and paying National Insurance contributions - HMRC can provide confirmation), show that you are still living together and that you are still exercising your treaty rights and also show that he has passed the Life in the UK test. If applying from October then English language must also be evidenced.

 

This will be more than sufficient to enable any caseworker to approve the application, assuming no other issues in terms of criminal convictions, etc.

Customer: replied 1 year ago.
Thank you. What's ILR stands for?
In terms of finances shall I include his bank statements for those years and our savings statement?
He doesnt have criminal convictions so should be fine.




Expert:  Howard replied 1 year ago.
ILR is Indefinite Leave to Remain, also known as Permanent Residence. In your husband's case ILR (Permanent Residence) is automatic after 5 years - he did not need to apply. He still needs to show that he qualified for it automatically though, so it would be a good idea to ensure that the full period of 6 years is evidenced. Not only his immigration and employment history but also yours as well.

So, final summary, the following areas should be evidenced:

- his financial and immigration history.
- that you have been exercising your treaty rights for the full period (employed).
- that the relationship subsisted - you were married and living together for the period.
- that he has passed the Life in the UK test.

Include your passport and his passport with evidence of the above areas and he should not have any problems.

Given that he is self-employed, it might be easier to get a report from HMRC to show his declared income for the qualifying period. If he has an accountant (fully qualified - usually CIMA) then the accountant might be able to provide a letter confirming current and previous income. Joint savings could be useful as it will demonstrate address and subsistence of the relationship.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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