Proof of right to work during citizenship application proces

[bearcat]

I am applying for British Citizenship, and I am wondering if anyone can advise me if the acknowledgement of the application is good enough to prove to potential employers that I have the right to work in the UK or not while the Home Office is processing the application, and otherwise what is the best way to prove it? I have lived in the UK for 12 years (10 consecutive years) as a spouse of UK national with my ILR/ILE card on my passport (settlement wife). I am a NON-EU national. Both my ILR and ILE has ‘expired’ (because my passport expired) and I had a job offer cancelled because of it (even though I showed them original letter from the Home Office). I also had a problem with the bank when I tried to prove my right to reside. I had never had this problem before but I was told that something (law?) has changed during 2014 and 2015. I was advised by HO that I apply for NTL and get a new “ILR card” and a biometric card. I was told that in the minimum of two weeks I will get an acknowledgement letter of NTL application which I can show to the employer.

However, I decided to get the citizenship, as this way I won’t be affected by any changes of the immigration law in future. But I am worried that I won’t be able to get an employment for six months in the worst case until I get the citizenship and passport. (Although I know I can work as a freelancer or on self-employment basis). There is also a possibility that we (my husband and I) have to claim benefits in a couple of months and I wonder if my not having biometric card or “ILR card” (or citizenship) affects it as well. Are marriage certificate, passport and original HO letter enough? I am wondering if anyone knows how I could prove my rights to work to potential employers?

Thank you.

[Chinho2k]

https://www.gov.uk/government/publicati ... yers-guide

[Chinho2k]

I'm in the same situation and my employer wanted me badly enough to do the right to work checklist on the website and including my acknowledgement letter from The Home Office was satisfied that I am entitled to work while awaiting my naturalisation decision. So I guess it's down to individual employers' willingness to cooperate and ultimately whether they want you badly enough to do the checks.

[bearcat]

I'm in the same situation and my employer wanted me badly enough to do the right to work checklist on the website and including my acknowledgement letter from The Home Office was satisfied that I am entitled to work while awaiting my naturalisation decision. So I guess it's down to individual employers' willingness to cooperate and ultimately whether they want you badly enough to do the checks.

Thank you for your reply. I have looked into the link you sent. I guess I could have asserted my rights, it is something I should do next time.

Thank you so much and I hope you will get the citizenship soon!!

[Chinho2k]

I had to encourage my employer's HR to use this tool https://www.gov.uk/legal-right-work-uk and say no to everything, after which it will offer the option to accept proof of a pending application, more like benefit of doubt really. I had no other proof except an ILR sticker in an expired passport, which of course is now longer admissible proof according to the new rules. I was going to spend so much money to naturalise that I wasn't prepared to spend any more money applying for a biometric card which I would have to destroy after naturalisation anyway.

[bearcat]

I had to encourage my employer's HR to use this tool https://www.gov.uk/legal-right-work-uk and say no to everything, after which it will offer the option to accept proof of a pending application, more like benefit of doubt really. I had no other proof except an ILR sticker in an expired passport, which of course is now longer admissible proof according to the new rules. I was going to spend so much money to naturalise that I wasn't prepared to spend any more money applying for a biometric card which I would have to destroy after naturalisation anyway.

Thank you Chinho2k. I guess I have to sort documents as quickly as possible and just apply for citizenship first of all, and hope for quick response from the HO. Your input tells me that at least I can try persuading them anyway, so thank you very much.

[CR001]

Why don't you apply through NCS then so that you can keep your original documents?

[Chinho2k]

Why don't you apply through NCS then so that you can keep your original documents?

In my case I initially went through NCS who refused to submit my application as it was as I did not have enough proof of residence even after supplying NHS Consultants confirmation that I was attending weekly appointments as my spouses' main carer in the qualifying residential period. My passport was expired so without any other proof, I decided to submit it via post and included detailed cover letters with all the consultants letters who saw me at the said appointments. Failing that I have no other proof to provide.

[bearcat]

Why don't you apply through NCS then so that you can keep your original documents?

Thank you for your advice. I will send my application through Nationality Checking Service that my local Registory Office provides. In case they are too busy I will look into NCS. Thanks!!

[CR001]

Why don't you apply through NCS then so that you can keep your original documents?

Thank you for your advice. I will send my application through Nationality Checking Service that my local Registory Office provides. In case they are too busy I will look into NCS. Thanks!!

You can use ANY of the NCS offices at the Council Registry. You do not have to use the one where you live. The fees also differ from NCS to NCS.

[usama77]

Hi
Sending application by ncs is best option

[Casa]

Hi
Sending application by ncs is best option

If you are attempting to increase your post count (by continually repeating advice already given), in order to access the PM facility you are at high risk of having this privilege withdrawn permanently.

[bearcat]

Why don't you apply through NCS then so that you can keep your original documents?

In my case I initially went through NCS who refused to submit my application as it was as I did not have enough proof of residence even after supplying NHS Consultants confirmation that I was attending weekly appointments as my spouses' main carer in the qualifying residential period. My passport was expired so without any other proof, I decided to submit it via post and included detailed cover letters with all the consultants letters who saw me at the said appointments. Failing that I have no other proof to provide.

Well, that worries me because I am the same situation. Although I have current passport (without ILR), bank statement and pay slips... won't those be enough to prove my residency? I would be really annoyed by this. That's exactly why I am getting the citizenship so that they cannot argue!!

[Chinho2k]

Bank statements and payslips alone are not acceptable proof apparently. At least you were working so can get P60's from your employer or worst case contact HMRC for alternative proof of earnings. It may mean postponing your NCS appointment as it may take up to 6 weeks.

[bearcat]

Bank statements and payslips alone are not acceptable proof apparently. At least you were working so can get P60's from your employer or worst case contact HMRC for alternative proof of earnings. It may mean postponing your NCS appointment as it may take up to 6 weeks.

I might risk posting like you had to... only thing is that I used my driving licence for the Life in the UK test and that means I have to submit that as well. In that case I will have absolutely no proof of my identity with me (and my husband's passport) while HO is processing my application? Perhaps I need to go to a lawyer to make a copy, I don't know if that is possible. Anyway it is really annoying.

[CR001]

Why don't you apply through NCS then so that you can keep your original documents?

In my case I initially went through NCS who refused to submit my application as it was as I did not have enough proof of residence even after supplying NHS Consultants confirmation that I was attending weekly appointments as my spouses' main carer in the qualifying residential period. My passport was expired so without any other proof, I decided to submit it via post and included detailed cover letters with all the consultants letters who saw me at the said appointments. Failing that I have no other proof to provide.

Well, that worries me because I am the same situation. Although I have current passport (without ILR), bank statement and pay slips... won't those be enough to prove my residency? I would be really annoyed by this. That's exactly why I am getting the citizenship so that they cannot argue!!

You are overthinking this. The evidence of bank statements, payslips and P60's is sufficient to prove residence, plus your passports. Maybe council tax bills too.

NCS should accept these.

[Chinho2k]

I lost my appointment fee with that proof CR, the NCS officer called their UKVI helpline and was told that without P60s, payslips and bank statements were not sufficient proof, well at least not through the NCS route and that's why I took my chances and made a postal application with cover letters because it didn't make sense to me. Hopefully if the caseworker follows guidance which says unless there are other doubts about residency they can approve at their discretion, or at worst, ask for more proof.

PS I have also read elsewhere that NCS's differ from county to county and where some will refuse to submit an application for one thing, if you go to a different county they will accept the very same application with the same supporting documents.

[CR001]

I lost my appointment fee with that proof CR, the NCS officer called their UKVI helpline and was told that without P60s, payslips and bank statements were not sufficient proof, well at least not through the NCS route and that's why I took my chances and made a postal application with cover letters because it didn't make sense to me. Hopefully if the caseworker follows guidance which says unless there are other doubts about residency they can approve at their discretion, or at worst, ask for more proof.

PS I have also read elsewhere that NCS's differ from county to county and where some will refuse to submit an application for one thing, if you go to a different county they will accept the very same application with the same supporting documents.

I was responding to user 'bearcat'. With payslips and P60s, this will meet the proof of residence requirement.

[Chinho2k]

Unless I read wrong bearcat only has payslips and bank statements, no P60 like me.

[CR001]

Unless I read wrong bearcat only has payslips and bank statements, no P60 like me.

Payslips will work. P60 is a cummulative summary of payslips

[Chinho2k]

Well for my own sake I hope they work. UKVI chap on the phone with the lady at NCS strangely said they are not acceptable and told her to ask me to go and get more proof. They need to give out consistent information. Lost my £95 as a result.

[bearcat]

Unless I read wrong bearcat only has payslips and bank statements, no P60 like me.

Payslips will work. P60 is a cummulative summary of payslips

Thanks for both CR001 and Chinho2k, I will find out what their way is when/before I make an appointment with NCS then. Mine is Leicestershire C.C. by the way - I hope it's not the same one as yours, Chino2k... I hope they accept my application, but if not I will try somewhere else. In my town there's also an 'Equality and Human Rights' office where lawyers can help me with citizenship or visa, so I will ask what they can do.

In terms of proof of residence, I have: -
- P45 (I left work last September)
- Tax return form for my part-time self-employment
- Utility bills.
- Bank statement
But the Home Office doesn't require these documents for citizenship application (they are not on the list ... unless they ask me later) because I am submitting the passports, so I wonder why NCS would need to check this?
My feeling is that a well-trained NCS officer should have the same understanding as the HO, and it is not their job to assess my eligibility to citizenship (HO will decide anyway).

Anyway I cannot submit it until May because one of my referee (professional standing) is on holiday (bad timing!!).
Thanks again both, wish me luck!! I will let you know how it went if the forum still allow me to post regarding this after my application.

[Chinho2k]

Good luck, I'm sure we'll be fine as we both otherwise qualify, but just to add that I had everything you mentioned in your list, P45, utility and bills and bank statements (except tax return form) and NCS and UKVI said it wasn't satisfactory proof. If time is a factor and NCS still refuse to forward your application, I would submit via post with detailed cover letters for your all your available supporting documents, and in the meantime request your employment history from HMRC which takes up to six weeks, and by the time UKVI request for more proof you'll have that to use. My opinion.

[bearcat]

Good luck, I'm sure we'll be fine as we both otherwise qualify, but just to add that I had everything you mentioned in your list, P45, utility and bills and bank statements (except tax return form) and NCS and UKVI said it wasn't satisfactory proof. If time is a factor and NCS still refuse to forward your application, I would submit via post with detailed cover letters for your all your available supporting documents, and in the meantime request your employment history from HMRC which takes up to six weeks, and by the time UKVI request for more proof you'll have that to use. My opinion.

Thanks. I just rang the local NCS to ask about it. They said they can only make appointment and for all inquiries I must ring government NCS number (0300 1232253). I rang this number and was informed that as my ILR is 'expired', I need Biometric register (NTL) first if I want to apply through NCS. So you are right after all.

[Chinho2k]

But ILR does not expire....what do they mean? Is it in an expired passport because if that's the case it shouldn't be an issue.