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Please Please need help!!!!!!!!!

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

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kentish
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Please Please need help!!!!!!!!!

Post by kentish » Mon Jun 08, 2015 9:32 pm

hello,

I have to apply for British citizenship. I got ILR on 10 year basis. According new AN form we have to provide last 10 year employment history. I can provide for last 3 year history as i am self-employ for last three years, but i been student 7 years and i did few part time jobs, but be honest can't' remember dates, months and years even fewer companies do not exist anymore. I have no payslip or any other proof of 7 years employment history . Please anyone help me that how to explain my 7 years employment history. I am very confused. Many Many Thanks

cs95tdg
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Re: Please Please need help!!!!!!!!!

Post by cs95tdg » Mon Jun 08, 2015 9:41 pm

You can request your most recent 5 year employment history from HMRC. For the remaining 5 years I'd suggest listing what you can, from memory (if you have not got any other source you can think of. E.g. Bank statements, P60's). If you wish to you can explain that the dates are approximate dates, under the additional information section of the form.

kentish
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Re: Please Please need help!!!!!!!!!

Post by kentish » Mon Jun 08, 2015 10:41 pm

cs95tdg wrote:You can request your most recent 5 year employment history from HMRC. For the remaining 5 years I'd suggest listing what you can, from memory (if you have not got any other source you can think of. E.g. Bank statements, P60's). If you wish to you can explain that the dates are approximate dates, under the additional information section of the form.
HI WAT ABOUT IF I JUST WRITE DOWN STUDENT WITH SPECIFIC DATES??

cool mind

Re: Please Please need help!!!!!!!!!

Post by cool mind » Mon Jun 08, 2015 10:49 pm

cs95tdg wrote:You can request your most recent 5 year employment history from HMRC. For the remaining 5 years I'd suggest listing what you can, from memory (if you have not got any other source you can think of. E.g. Bank statements, P60's). If you wish to you can explain that the dates are approximate dates, under the additional information section of the form.
How about if a student was jobless for 2-3 years and was received funds from back home then what need to say.

kentish
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Re: Please Please need help!!!!!!!!!

Post by kentish » Mon Jun 08, 2015 10:58 pm

cool mind wrote:
cs95tdg wrote:You can request your most recent 5 year employment history from HMRC. For the remaining 5 years I'd suggest listing what you can, from memory (if you have not got any other source you can think of. E.g. Bank statements, P60's). If you wish to you can explain that the dates are approximate dates, under the additional information section of the form.
How about if a student was jobless for 2-3 years and was received funds from back home then what need to say.
HI, USUALLY STUDENTS ARE RECEIVED FUND FROM BACK HOME WHICH IS TOTALLY LEgal I GUESS AND ALSO I HAVE NO PROOF FOR 7 YEAR STUDENT LIFE OF WORKING , NO PAY SLIP OR P60 ETC.

cs95tdg
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Re: Please Please need help!!!!!!!!!

Post by cs95tdg » Tue Jun 09, 2015 7:03 am

I think you may be over-complicating this. If you or anyone were a student, & did not work at all over the 7/10 year period you would leave that section blank. You could add a statement under the additional information section stating you were a student supported by family & did not work, if you wish to. There is no need to prove that you were a student (HO will have your immigration history to check themselves) or provide evidence that you were supported by your family. Only list periods where you were employed under this section, that's it.

Here as the OP said he did work part-time I suggested what I did, as HMRC will have your dates of employment and employers names, irrespective of length of employment, so long as you had a NI number and we're paying any required tax/NI.

kentish
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Re: Please Please need help!!!!!!!!!

Post by kentish » Tue Jun 09, 2015 8:43 am

cs95tdg wrote:I think you may be over-complicating this. If you or anyone were a student, & did not work at all over the 7/10 year period you would leave that section blank. You could add a statement under the additional information section stating you were a student supported by family & did not work, if you wish to. There is no need to prove that you were a student (HO will have your immigration history to check themselves) or provide evidence that you were supported by your family. Only list periods where you were employed under this section, that's it.

Here as the OP said he did work part-time I suggested what I did, as HMRC will have your dates of employment and employers names, irrespective of length of employment, so long as you had a NI number and we're paying any required tax/NI.
My NI use while i were studend 6 year back , do u think that they still can check 6 or 7 year back tax history even though i just blank employment section and declare as student theses years ?

cs95tdg
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Re: Please Please need help!!!!!!!!!

Post by cs95tdg » Tue Jun 09, 2015 9:59 am

kentish wrote:My NI use while i were studend 6 year back , do u think that they still can check 6 or 7 year back tax history even though i just blank employment section and declare as student theses years ?
Yes, HMRC will have your complete employment history, I don't specifically know how far back they keep records, but they would definitely have records going back 10 years. Many applicants have requested the most recent 5 year history by calling HMRC when applying for ILR (when they've lost their P60's), so it's not a unusual request and quite standard.

I'm not sure what the procedure is to request 10 years. But you can give them a call and ask. If you are unable or reluctant to do this, then the only other alternative would be to mention under the additional info section, that you worked part time while studying but cannot recall the details of your employers and dates (due to whatever reason - may be you only worked a couple of month, days? etc... I don't know what your circumstances were, so you can state the reason here).

I re-iterate here, please do not over-complicate this. Answer the questions honestly with whatever information you are able to gather. If the HO have questions or need further info when looking through a application they can always contact you.

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Re: Please Please need help!!!!!!!!!

Post by sshah20 » Tue Jun 09, 2015 10:38 am

Let me clarify the situation.most of the people worked full time on thier student visas. In the past HO never bothered to check employment history as they were just interested in your legal stay.so a lot of students worked full time without any fear. Now this new requirement has put everybody in tricky situation and no one knows what they are going to do?

One more thing HMRC holds records of everybody since 1975.

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Re: Please Please need help!!!!!!!!!

Post by muzakhaa » Tue Jun 09, 2015 11:54 am

sshah20 wrote:Let me clarify the situation.most of the people worked full time on thier student visas. In the past HO never bothered to check employment history as they were just interested in your legal stay.so a lot of students worked full time without any fear. Now this new requirement has put everybody in tricky situation and no one knows what they are going to do?

One more thing HMRC holds records of everybody since 1975.
Hello I think you all are missing point here.

1. HMRC on their System holds data upto 5 years. Any data beyond that is archived by the HMRC Records Rertieval Department and there is a painfull process to request that.
2. Fearing on working on Student Visa. Let me explain you, this could be caught up on all your previous application upto ILR and shouldnt get one as HMRC only holds the data of Start and End Data of Employment and Tax no records of hourly rates and Working hours etc. However if HO felt suspicious of your application they would have contacted your employer at that time.
3. HO is trying to check if some one has worked illegally in the country. This means that they were on the visa where they shouldnt be working ( Bare in mind Students are allowd to Work!!).
4. Although what should everyone during their qualifying period of British Citizenship should be fearing ( if it is applicable ) that someone has overstayed on a visa before renewing it and if they were working during that time then it also considered illegal working. My understanding is the qualifying period of BC is 5 years back from the time of Application for British Citizenship. Also Importantly their tax is up to date ( This is mostly applicable to Entrepreneurs and may be Tier1 general).
5. Although this point doesnt need mentioning but to just to calrify. Majority of the UK companies do not hold employees records b/w 3 years and 5 years (depends on company policy) once they have left the business, and they are the only one who can confirm your hourly rate and working hours.

So what I meant in this case that provide the information to the best of your knowlegde. If you have worked this can be verified by HO by contacting HMRC, and if they are keen to look at your record beyond 5 years then in this case they may contact HMRC Record Retrieval Dept but that would be again Total earnings and Tax paid Vs your answer supported by the family on Student may trigger them to ask for evidence of that from you.

Also one thing to consider is all your previous student visa applications what answer you have given to the question ( Are you working in UK? Is it full time or Partime? You need to measure up the consequences in both the cases depending what you have answered.

kentish
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Re: Please Please need help!!!!!!!!!

Post by kentish » Tue Jun 09, 2015 4:56 pm

muzakhaa wrote:
sshah20 wrote:Let me clarify the situation.most of the people worked full time on thier student visas. In the past HO never bothered to check employment history as they were just interested in your legal stay.so a lot of students worked full time without any fear. Now this new requirement has put everybody in tricky situation and no one knows what they are going to do?

One more thing HMRC holds records of everybody since 1975.
Hello I think you all are missing point here.

1. HMRC on their System holds data upto 5 years. Any data beyond that is archived by the HMRC Records Rertieval Department and there is a painfull process to request that.
2. Fearing on working on Student Visa. Let me explain you, this could be caught up on all your previous application upto ILR and shouldnt get one as HMRC only holds the data of Start and End Data of Employment and Tax no records of hourly rates and Working hours etc. However if HO felt suspicious of your application they would have contacted your employer at that time.
3. HO is trying to check if some one has worked illegally in the country. This means that they were on the visa where they shouldnt be working ( Bare in mind Students are allowd to Work!!).
4. Although what should everyone during their qualifying period of British Citizenship should be fearing ( if it is applicable ) that someone has overstayed on a visa before renewing it and if they were working during that time then it also considered illegal working. My understanding is the qualifying period of BC is 5 years back from the time of Application for British Citizenship. Also Importantly their tax is up to date ( This is mostly applicable to Entrepreneurs and may be Tier1 general).
5. Although this point doesnt need mentioning but to just to calrify. Majority of the UK companies do not hold employees records b/w 3 years and 5 years (depends on company policy) once they have left the business, and they are the only one who can confirm your hourly rate and working hours.

So what I meant in this case that provide the information to the best of your knowlegde. If you have worked this can be verified by HO by contacting HMRC, and if they are keen to look at your record beyond 5 years then in this case they may contact HMRC Record Retrieval Dept but that would be again Total earnings and Tax paid Vs your answer supported by the family on Student may trigger them to ask for evidence of that from you.

Also one thing to consider is all your previous student visa applications what answer you have given to the question ( Are you working in UK? Is it full time or Partime? You need to measure up the consequences in both the cases depending what you have answered.
Hi Muzakha , so if I don't tell anything about my employment thn just write student thn can they find out grom HR or it gona be fine?

Universal soldier
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Re: Please Please need help!!!!!!!!!

Post by Universal soldier » Tue Jun 09, 2015 7:08 pm

These all are so called ingredients mixed up into Good Character for pre-naturalization applicants but how about for post naturalizations people. I bet with everyone that if they check the good character of their own people ranging from councillor to MP, from mp to minister then all of them will be failed? There must be good character criteria for post naturalizations holders even passport holders. No body is 100% angle even policy maker. That's all from me.

Yours sincerely

Universal soldier

cs95tdg
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Re: Please Please need help!!!!!!!!!

Post by cs95tdg » Tue Jun 09, 2015 7:58 pm

muzakhaa wrote:My understanding is the qualifying period of BC is 5 years back from the time of Application for British Citizenship.
Not necessarily, as there are many routes to settlement, with different residential qualifying periods, which then lead to naturalisation. Additionally, to ensure that the applicant meets the good character requirement, the HO would look as far back as 10 years (if the applicant has lived/worked in the UK for that many years).
kentish wrote:if I don't tell anything about my employment thn just write student thn can they find out grom HR or it gona be fine?
OP, I'm not entirely sure what you are expecting as an answer, or what your concern is, as you haven't really elaborated. Is it because you worked more hours than you were allowed while you were a student? It would be easier for someone to address your specific concern if you stated it clearly. Otherwise all you will get is guesses without anyone really understanding your specific circumstances.

Universal soldier
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Re: Please Please need help!!!!!!!!!

Post by Universal soldier » Tue Jun 09, 2015 8:26 pm

cs95tdg wrote:
muzakhaa wrote:My understanding is the qualifying period of BC is 5 years back from the time of Application for British Citizenship.
Not necessarily, as there are many routes to settlement, with different residential qualifying periods, which then lead to naturalisation. Additionally, to ensure that the applicant meets the good character requirement, the HO would look as far back as 10 years (if the applicant has lived/worked in the UK for that many years).

.
Then why they didn't went back to check all these when granted ILR on 10 years basis who applied and received post December 2014 and who now will proceed to naturalizations by the end of this year or beginning of next year. The ILR application ask and check same questions which are part of good character.

cs95tdg
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Re: Please Please need help!!!!!!!!!

Post by cs95tdg » Tue Jun 09, 2015 10:03 pm

Universal soldier wrote:Then why they didn't went back to check all these when granted ILR on 10 years basis who applied and received post December 2014 and who now will proceed to naturalizations by the end of this year or beginning of next year. The ILR application ask and check same questions which are part of good character.
I'm not entirely sure I've understood your question. I do not believe the Good character requirements for ILR are identical to those for Naturalisation... But haven't read the guidance for both side-by-side to be able to confirm (I'm not referring to the questions in the form, but rather the guidance which includes details of recent changes). May be someone else can confirm.

But if you are asking why they have a good character requirement for ILR as well as for Naturalisation, then I can only provide my opinion.... They are two independent applications. Not everyone who applies for settlement would proceed to apply for naturalisation immediately after they become eligible (And some decide not naturalise at all). Therefore it would seem logical that the Good character checks for naturalisation are done independent to those done for settlement. In addition to this people's circumstances change all the time (what was true at one point in time in the past may no longer be so), as do immigration rules, therefore to keep things simple, in my view it would make sense for the HO to repeat the checks they do.

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Re: Please Please need help!!!!!!!!!

Post by Universal soldier » Tue Jun 09, 2015 10:43 pm

cs95tdg wrote:
Universal soldier wrote:Then why they didn't went back to check all these when granted ILR on 10 years basis who applied and received post December 2014 and who now will proceed to naturalizations by the end of this year or beginning of next year. The ILR application ask and check same questions which are part of good character.
I'm not entirely sure I've understood your question. I do not believe the Good character requirements for ILR are identical to those for Naturalisation... But haven't read the guidance for both side-by-side to be able to confirm (I'm not referring to the questions in the form, but rather the guidance which includes details of recent changes). May be someone else can confirm.

But if you are asking why they have a good character requirement for ILR as well as for Naturalisation, then I can only provide my opinion.... They are two independent applications. Not everyone who applies for settlement would proceed to apply for naturalisation immediately after they become eligible (And some decide not naturalise at all). Therefore it would seem logical that the Good character checks for naturalisation are done independent to those done for settlement. In addition to this people's circumstances change all the time (what was true at one point in time in the past may no longer be so), as do immigration rules, therefore to keep things simple, in my view it would make sense for the HO to repeat the checks they do.
The term good character is a newish term and one of its extremely important is that the applicant should not be overstayer and non-compliant to its visa condition for the last 10 years. But this ingredient is already one of the requirement of ILR application based on 10 years lawful residence and that requirements existing for the last many years. So, if a person cleared while getting ILR then what's purpose of such check again.

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Re: Please Please need help!!!!!!!!!

Post by cs95tdg » Wed Jun 10, 2015 8:25 am

Note that the Good character requirement has been around for a very long time. While it covers a broad range of attributes, its definition is being elaborated/changed & published with more detail in recent times.

I can only re-iterate what I already stated as a personal opinion, as I don't think anyone really knows the exact reasons as to why the HO do what they do without having inside knowledge to their internal procedures.

1) People's circumstances change. E.g. Sometimes people retrospectively request tax return adjustments.
2) Immigration rules change. Therefore what may have been considered valid before may no longer be so.
3) Sometimes checks are not done properly during the ILR stage and some people slip through the cracks. One example below.

These are just some examples that come to mind & are purely based on personal opinion only.

http://www.immigrationboards.com/indefi ... l#p1198974

Universal soldier
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Re: Please Please need help!!!!!!!!!

Post by Universal soldier » Wed Jun 10, 2015 1:31 pm

But the most disturbing point is the disclosure of tax from hmrc to ukba which now form part in good character. But there only two acts so far been
Section 40 ukba act 2007
Section 41 ukba act 2007

And both acts allowing tax disclosure to ukba existing for the last many years and even relate to ILR decision already.

muzakhaa
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Re: Please Please need help!!!!!!!!!

Post by muzakhaa » Wed Jun 10, 2015 3:33 pm

kentish wrote:
muzakhaa wrote:
sshah20 wrote:Let me clarify the situation.most of the people worked full time on thier student visas. In the past HO never bothered to check employment history as they were just interested in your legal stay.so a lot of students worked full time without any fear. Now this new requirement has put everybody in tricky situation and no one knows what they are going to do?

One more thing HMRC holds records of everybody since 1975.
Hello I think you all are missing point here.

1. HMRC on their System holds data upto 5 years. Any data beyond that is archived by the HMRC Records Rertieval Department and there is a painfull process to request that.
2. Fearing on working on Student Visa. Let me explain you, this could be caught up on all your previous application upto ILR and shouldnt get one as HMRC only holds the data of Start and End Data of Employment and Tax no records of hourly rates and Working hours etc. However if HO felt suspicious of your application they would have contacted your employer at that time.
3. HO is trying to check if some one has worked illegally in the country. This means that they were on the visa where they shouldnt be working ( Bare in mind Students are allowd to Work!!).
4. Although what should everyone during their qualifying period of British Citizenship should be fearing ( if it is applicable ) that someone has overstayed on a visa before renewing it and if they were working during that time then it also considered illegal working. My understanding is the qualifying period of BC is 5 years back from the time of Application for British Citizenship. Also Importantly their tax is up to date ( This is mostly applicable to Entrepreneurs and may be Tier1 general).
5. Although this point doesnt need mentioning but to just to calrify. Majority of the UK companies do not hold employees records b/w 3 years and 5 years (depends on company policy) once they have left the business, and they are the only one who can confirm your hourly rate and working hours.

So what I meant in this case that provide the information to the best of your knowlegde. If you have worked this can be verified by HO by contacting HMRC, and if they are keen to look at your record beyond 5 years then in this case they may contact HMRC Record Retrieval Dept but that would be again Total earnings and Tax paid Vs your answer supported by the family on Student may trigger them to ask for evidence of that from you.

Also one thing to consider is all your previous student visa applications what answer you have given to the question ( Are you working in UK? Is it full time or Partime? You need to measure up the consequences in both the cases depending what you have answered.
Hi Muzakha , so if I don't tell anything about my employment thn just write student thn can they find out grom HR or it gona be fine?
Just leave that blank why would you write Student in the section where they asking for your employment details. I would say fill up to the point you know and leave remaining blank.

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Re: Please Please need help!!!!!!!!!

Post by muzakhaa » Wed Jun 10, 2015 3:39 pm

cs95tdg wrote:
muzakhaa wrote:My understanding is the qualifying period of BC is 5 years back from the time of Application for British Citizenship.
Not necessarily, as there are many routes to settlement, with different residential qualifying periods, which then lead to naturalisation. Additionally, to ensure that the applicant meets the good character requirement, the HO would look as far back as 10 years (if the applicant has lived/worked in the UK for that many years).

Ok then Office should change the information below.

1. Check if you can apply

There are different ways to become a British citizen. The most common is called ‘naturalisation’.

You can apply for British citizenship by naturalisation if:

you’re 18 or over
you’re of good character, eg you don’t have a serious or recent criminal record
you’ll continue to live in the UK
you’ve met the knowledge of English and life in the UK requirements
you meet the residency requirement

And you must usually have:

lived in the UK for at least the 5 years before the date of your application
spent no more than 450 days outside the UK during those 5 years
spent no more than 90 days outside the UK in the last 12 months
been granted indefinite leave to stay in the UK (or permanent residence if you’re an EEA national) - this means there’s no specific date that you have to leave
had indefinite leave to stay in the UK for the last 12 months (or permanent residence if you’re an EEA national)
not broken any immigration laws while in the UK

There are different requirements if your spouse or civil partner is a British citizen.
kentish wrote:if I don't tell anything about my employment thn just write student thn can they find out grom HR or it gona be fine?
OP, I'm not entirely sure what you are expecting as an answer, or what your concern is, as you haven't really elaborated. Is it because you worked more hours than you were allowed while you were a student? It would be easier for someone to address your specific concern if you stated it clearly. Otherwise all you will get is guesses without anyone really understanding your specific circumstances.

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