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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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Hello there, I wish to apply for the british citizenship, but

Resolved Question:

Hello there, I wish to apply for the british citizenship, but I'm a bit confused which date should I be counting from. I came to the UK from Poland on 12/05/07, so it's been over 6 years I've been living here. I had a bit of savings so, I was self-sufficient for a few months and didn't have to work. I also registered a self-employment on 17/05/07 but I earned almost nothing from it. I deregistered the self-employment on 30/10/07. I also started to work in August 2007 and have been registered in WRS on 2/11/2007. Apart from that I got the blue residence registration certificate from UKBA issued on 15/10/2007. Which date should I count from for my 6 years period? Tha date of start of the self-employment or the registration in WRS? Am I okay to apply now?

Do I need to fill both 2.4 and 2.5 fields? Do I need to give detailed dates of start of every employment or it's enough to give the month and year only, because I don't remember it. Thanks in advance!
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.

With regards XXXXX XXXXX from Poland, for their time to count towards citizenship they must have been registered with WRS if they arrived before the WRS scheme was abolished. Therefore in your case the time you would count from would be 02/11/2007.

As any time you spent in the UK prior to the WRS scheme cannot count towards citizenship, you must wait until you have completed full six years from 2/11/07. The time when you will be able to apply for citizenship will be 02/11/13.

In regards XXXXX XXXXX fields 2.4 /2.5 you may fill in the month and year only, as long as you have proof of you exercising treaty rights from 2/11/07 until now, this will be sufficient.

I hope this clarifies the matter, 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.

Hi, thank you for your answer. So, it doesn't matter that I came in May 2007 and the self-employment doesn't count either? Why? I have a proof of my stay here, my bank account statements with money on them and also my tenancy agreement. I also have payslips for all the jobs I've been doing since August 2007, they don't count either? The blue residence registration certificate doesn't count?


 


Kind regards

Expert:  UK_Lawyer replied 1 year ago.

Thank you for your reply.

 

The time that you spent in self employment will count towards the residency period, any time you spend working in the UK as a work you will need to have been registered under the WRS scheme.

 

Therefore if you were self employed in May 2007 , provided that you had evidence of this, you are able to apply for naturalisation. If you did switch from being self-employed to employed without being registered under the WRS scheme this period will not count.

 

I apologise for any confusing.

 

Kind regards

Customer: replied 1 year ago.
Relist: Incomplete answer.
UK_Lawyer didn't refer to the blue Residence Registration Certificate from UKBA issued to me on 15/10/2007. I think I can also apply based on it without the need for WRS. I think people who have this certificate don't even need to register in WRS and have the same rights as the other EEA countries (not A8). Am I right? I don't know if the date of issue of that certificate counts for the six year period or the date when I arrived to the UK. Or maybe the date of registering self-employment. Thanks
Expert:  Howard replied 1 year ago.
All time in the UK exercising Treaty Rights that you can evidence will count toward the qualifying period. You are exercising Treaty Rights if you are:

- employed or self-employed; or
- studying; or
- economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
- a jobseeker; or
- retired; or
- someone who has had to cease working in the UK owing to permanent incapacity.

That is basic information and available on the Home Office site.

Your 6-year period therefore commenced when you entered the UK. Again, it will be important that you evidence the basis on which Treaty Rights were exercised as clearly as possible.
Customer: replied 1 year ago.

Thank you for your answer. So, to make perfectly sure, I have the Residence Registration Certificate, and in this case the date of coming will count, not the date of issuing the certificate? Thanks again.

Expert:  Howard replied 1 year ago.
Correct - you were exercising Treaty Rights in one of the way listed - obviously you need to evidence this.

Please remember to rate the service that I have provided.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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