Naturalisation - Non EEA spouse with PR

[Ajenta83]

Hi there, I'm hoping you are able to advise me on the below name to use question:)...

So my husband is a sri Lankan and their way of “surnames/family names” is different from the western society. So I’m a bit stuck; as I’m reading through the forum and see where the HO is being strict on different names/maiden names etc.
Currently his passport states (example :
Frist names: Jack Kroon
Surname: Michael France (Michael is his father’s first name and France is his father’s surname; double last name).
All his current official documents state Jack Kroon Michael France (as per his current passport). However he wanted to get rid of the “France” (double last name). Is this possible? Or do you reckon the HO will be difficult?
Can he put down on question?
1.5: Michael (Name you give here will be the name shown on your certificate so please ensure its spelt correctly and you have written in the correct order)
1.6: Jack Kroon
1.7: Jack Kroon Michael France
1.8: noting
I'm hoping you are able to advise me. Thank you kindly in advance for your advise...

[noajthan]

Hi there, I'm hoping you are able to advise me on the below name to use question:)...

So my husband is a sri Lankan and their way of “surnames/family names” is different from the western society. So I’m a bit stuck; as I’m reading through the forum and see where the HO is being strict on different names/maiden names etc.
Currently his passport states (example :
Frist names: Jack Kroon
Surname: Michael France (Michael is his father’s first name and France is his father’s surname; double last name).
All his current official documents state Jack Kroon Michael France (as per his current passport). However he wanted to get rid of the “France” (double last name). Is this possible? Or do you reckon the HO will be difficult?
Can he put down on question?
1.5: Michael (Name you give here will be the name shown on your certificate so please ensure its spelt correctly and you have written in the correct order)
1.6: Jack Kroon
1.7: Jack Kroon Michael France
1.8: noting
I'm hoping you are able to advise me. Thank you kindly in advance for your advise...

You can't just change names 'on the fly' - evidence has to be supplied & a recognised process would have to be followed.

See section 1.7 of:
https://www.gov.uk/government/uploads/s ... _final.pdf

See UK policies also:
http://www.immigrationboards.com/genera ... 92243.html

[Ajenta83]

Thank you for your responds! Guess every country is different.
When i requested to add my husbands name on my new (Dutch passport) they didnt use is surnameas show on passport, for the above mentioned reason and only put down his first names. Wife of "Jack Krion".
Thanks again for your advise, much appreciated.

[Ajenta83]

Dear all,
Hope you are all well. I’m currently working on the application from my husband and have a few questions. I’m hoping you are able to assist/guide me with your experience/expertise in the right direction …
Situation is as follow: husband is non eea family member; who obtained Permanent residence card 8th May 2014. Currently hold an expired (sri Lankan) passport.

1.3:Given indefinite leave/remain in the UK: Is this the date on his PR (8th of May 2014 + 1 year)  8th of May 2015?

Confused about the following as well

2.4 – 2.6 : booklet states if you are the family member of an eea national (and do not have indefinite leave to remain in the uk; you should complete these section).
So him holding a permanent residence card; does this count as “indefinite leave to remain”? He’s be exercising treaty rights through me. If so does this need to filled in?
I would thought the following; but if someone can confirm would be much appreciated:

2.4: X – are you a family member of eea national: Yes
Please state on what basis you were in the UK for the last 6 years? Does he fill in here my details (as I am the EEA national who worked 5 years; based on this he obtained his pr?) or his? Because he studied for 2 years full time; worked part-time besides that then worked and is currently self employed). He is not the one exercising treaty rights?.. Also when he obtained his pr; my 5 year employment details were given. What about his/mine 6th year?

2.5; how is this different from 2.4?

Also his expired passport; will this cause any problems? He applied for his LITUK test with his driving licence?
Apologies if this question has been asked before; couldn’t find it quickly. Really appreciate your kind advise. Thanks!

[geriatrix]

Topic merged.

[Ajenta83]

Sorry!

[noajthan]

Dear all,
Hope you are all well. I’m currently working on the application from my husband and have a few questions. I’m hoping you are able to assist/guide me with your experience/expertise in the right direction …
Situation is as follow: husband is non eea family member; who obtained Permanent residence card 8th May 2014. Currently hold an expired (sri Lankan) passport.

1.3:Given indefinite leave/remain in the UK: Is this the date on his PR (8th of May 2014 + 1 year)  8th of May 2015?

Confused about the following as well

2.4 – 2.6 : booklet states if you are the family member of an eea national (and do not have indefinite leave to remain in the uk; you should complete these section).
So him holding a permanent residence card; does this count as “indefinite leave to remain”? He’s be exercising treaty rights through me. If so does this need to filled in?
I would thought the following; but if someone can confirm would be much appreciated:

2.4: X – are you a family member of eea national: Yes
Please state on what basis you were in the UK for the last 6 years? Does he fill in here my details (as I am the EEA national who worked 5 years; based on this he obtained his pr?) or his? Because he studied for 2 years full time; worked part-time besides that then worked and is currently self employed). He is not the one exercising treaty rights?.. Also when he obtained his pr; my 5 year employment details were given. What about his/mine 6th year?

2.5; how is this different from 2.4?

Also his expired passport; will this cause any problems? He applied for his LITUK test with his driving licence?
Apologies if this question has been asked before; couldn’t find it quickly. Really appreciate your kind advise. Thanks!

1.3 ILR is not the same as PR.
You could add date of acquiring PR in the Further Information section of the form.

2.4 - 2.6 ILR is not the same as PR, although both represent having 'settled' status in UK.
As your husband is the family member of an EEA national (and he does have PR, not ILR) then yes, fill in this section.

2.4 applies to your husband so use his details.
His status was that of 'family member of EEA national'.
You could also add details of his actual activities if you wish.
You will submit his PR card (and tick the family member checkbox) in support of the application anyway.

2.5 Q2.4 is about applicant's basis of being in UK.
In comparison, 2.5 asks if the applicant was exercising treaty rights in employment... (etc).
Your husband was not per se as he was (is) 'family member of EEA national'.

As you will submit his PR card (& will have checked the family member checkbox for Q 2.4) it should be clear enough to the caseworker that your husband has acquired & holds PR.

For evidence of ID passport or driver's licence are valid options.
As you state a driver's license was used as ID for the LITUK test it would be expected to be submitted again.

[Ajenta83]

Hi noajthan,
Many thanks for your advice! Much appreciated!

[Ajenta83]

as my husband is an eea family member with a PR; does he still require to provide proof of 5/6 years of his residence? Or will the PR be sufficient enough? (kindly note his passport expired in may 2015)?
For the PR; we provided 5 years residence for the both of us....

Thanks for your advise.

[noajthan]

as my husband is an eea family member with a PR; does he still require to provide proof of 5/6 years of his residence? Or will the PR be sufficient enough? (kindly note his passport expired in may 2015)?
For the PR; we provided 5 years residence for the both of us....

Thanks for your advise.

My understanding is proof of residence is different from proof of settlement (PR).

The guidance in form AN is quite clear on what is required to prove residence - see page 31 of form:

SECTION 3 Evidence of lawful residence during the 5 (or, if the applicant is married or in
civil partnership to a British citizen, 3) years before the date of the application:
required for applications made on the basis of residence in the United Kingdom: required for all applicants

Your passports
Or
Letters from employers, educational establishments or other Government Departments indicating presence in UK

[Ajenta83]

Ok; I'll provide payslips/p60's. Thanks again for your clarification! It is much appreciated.

[Ajenta83]

Quick question on 1.49.
If the applicant is the director of his ltd comanpay, but is also the only employer which option do you choose? Employee or director? He is currently getting a monthly wage through his ltd company; therefore I thought he was an employee of his ltd company.
Many thanks in advance!

[Ajenta83]

Hi,

Just completing everything; and wanted to double/triple check before this weeks appointment (because I feel like I'm missing something).
I've used pages 30 - 32 as the guideline.
Section 1: Evidence of Identity
Passport (expired) + driving license + credit card statement (recent) + Permanent Residence on vignette
Section 2: Evidence of knowledge of language and LITH UK test
Test letter + print out 10 points for UK bachelors degree + transcript
Section 3: Evidence of lawful residence during the 6 years
Passport (expired) + PR + p60 (2009-2015)
Section 4: ;evidence of settlement for applicant from EEA or their non eea direct family members
PR on vignette + passport
Not sure if I also should provide them my PR (EEA national) + marriage certificate
Section 5: evidence of freedom from immigration time restrictions required for all applicants except those covered by section 4
Passport
Section 6: n/a
Section 7: n/a
Section 8: n/a
Section 9: n/a

+ 2 passport size pix.
Am I missing anything? Do I have to provide the 6 years address proof? ; Current payslips since 2015 P60 till now I'm hopefully stressing out for no reason. Just remembered last time we did the application for PR we had to provide sooooo many documents! This envelope feels very light!!!!!
Thanks all!

[geriatrix]

Why do you need:
1. driving license + credit card statement?
2. Two photographs?

[Ajenta83]

Why do you need:
1. driving license + credit card statement?
2. Two photographs?

His passport expired in May 15; therefore he used driving license and statement for his LITUK test.
2. apologies; my bad 1 photo for the referee section.

[geriatrix]

Then it makes sense!

[Ajenta83]

Quick question on 1.49.
If the applicant is the director of his ltd comanpay, but is also the only employer which option do you choose? Employee or director? He is currently getting a monthly wage through his ltd company; therefore I thought he was an employee of his ltd company.
Many thanks in advance!

Highly appreciated if someone can advise on the above? Is it ok if I tick director & employee for 1.49? Or will that cause confusion for the caseworker?
Many thanks in advance!

[geriatrix]

Based on what is suggested on the forum, director.

[Ajenta83]

Many thanks!

Hopefully last and final question regarding 7.7 (declaration) (apologies if it seems silly ...)...

7.2 - 7.6 all ticked
7.7 states: * I declare that, although I do not meet all of the statutory requirements for naturalisation, I believe that, in view of the following special circumstances, the home secretary should treat me as fulfilling those requirements or waive the need in my case to fulfil them.
* delete if not applicable means I don't tick it if it's not applicable to the applicant (no special circumstances right)?

[geriatrix]

Delete if not applicable:

[Ajenta83]

Many thanks!

[Ajenta83]

You can get address of your tax office from any HMRC letter or P60 form or similar.
It is not your PAYE ref but if you have such a reference you can use that in Q1.52.

Quick question; just looking at a few different P60's and apart from the paye reference I'm unable to see either the HRMC address or a tax reference number.
We do receive different letters from Hrmc; which have all different addresses
In 2013 my husband was working through the construction scheme and was provided a unique tax referenece number. Is that the tax reference they refer to?

[noajthan]

You can get address of your tax office from any HMRC letter or P60 form or similar.
It is not your PAYE ref but if you have such a reference you can use that in Q1.52.

Quick question; just looking at a few different P60's and apart from the paye reference I'm unable to see either the HRMC address or a tax reference number.
We do receive different letters from Hrmc; which have all different addresses
In 2013 my husband was working through the construction scheme and was provided a unique tax referenece number. Is that the tax reference they refer to?

For a regular employee, PAYE reference is a tax reference ( )

If self-employed I think UTR is a tax ref number, (sounds like one).

[Ajenta83]

Thanks. I'll just provide that number. I'm also providing his 6 P60's so it should be clear right... If not they can call us...