Naturalisation query- Guide to form (AN)

[sally_smith]

I've been reading though the giude to form (AN) and I came across this and need someone to explain what it means-

on page 5-

you should have been free from immigration time restrictions during the last 12 months of this period. Usually there is a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay. But you may have a letter from the Home Office saying that you are free from immigration conditions.

If you do not have a passport or letter which says this and you have lived here many years you may still be free from an immigration time restriction.

Does this mean there are other ways of proving settled status? If so, how??
Also, how does someone without a passport apply for Naturalisation??? This is baffling!!

[Christophe]

Well, sometimes a person will have a letter from the Home Office, as the rubric says, either in addition to or instead of a passport stamp. And as you suggest, not everyone who applies to be naturalised will have a passport.

And indefinite leave to remain/enter or having no time limit on your stay are not the only ways of being free of immigration time restrictions. Some British nationals who are not British citizens may have a "right of readmission". People in the UK under EU rules won't have indefinite leave to remain but rather permanent residence, which may or may not be noted in the passport and which after a certain length of residence can occur "automatically" with no intervention from the holder or the Home Office. And non-British citizens with the right of abode will not have any sort of immigration "leave" because they are completely free from immigration control (in the same way that British citizens are).

But are you in a position of not knowing how to proceed?

[sally_smith]

Well, sometimes a person will have a letter from the Home Office, as the rubric says, either in addition to or instead of a passport stamp. And as you suggest, not everyone who applies to be naturalised will have a passport.

And indefinite leave to remain/enter or having no time limit on your stay are not the only ways of being free of immigration time restrictions. Some British nationals who are not British citizens may have a "right of readmission". People in the UK under EU rules won't have indefinite leave to remain but rather permanent residence, which may or may not be noted in the passport and which after a certain length of residence can occur "automatically" with no intervention from the holder or the Home Office. And non-British citizens with the right of abode will not have any sort of immigration "leave" because they are completely free from immigration control (in the same way that British citizens are).

But are you in a position of not knowing how to proceed?

What makes one a British national and how is right of readmission established. If passport or letter not shown, what precise document is accptable- how will one's status be verified without passport or letter, save I have permanent residence or right of abode.

[Christophe]

What makes one a British national and how is right of readmission established. If passport or letter not shown, what precise document is accptable- how will one's status be verified without passport or letter, save I have permanent residence or right of abode.

There are six types of British national: British citizens (who have the right of abode in the UK), British subjects (some of whom have the right of abode in the UK and some do not), British overseas territories citizens, British overseas citizens, British nationals (overseas), and British protected persons. For some British nationals (without the right of abode) who would in other circumstances be granted ILR are in fact given the right of readmission to the UK, which does not lapse. But this would generally be shown in the person's passport.

Wikipedia is a reasonable place to look for information about all these types of British nationality.

But it's still not clear what the exact issue is here?...

[sally_smith]

What makes one a British national and how is right of readmission established. If passport or letter not shown, what precise document is accptable- how will one's status be verified without passport or letter, save I have permanent residence or right of abode.

There are six types of British national: British citizens (who have the right of abode in the UK), British subjects (some of whom have the right of abode in the UK and some do not), British overseas territories citizens, British overseas citizens, British nationals (overseas), and British protected persons. For some British nationals (without the right of abode) who would in other circumstances be granted ILR are in fact given the right of readmission to the UK, which does not lapse. But this would generally be shown in the person's passport.

Wikipedia is a reasonable place to look for information about all these types of British nationality.

But it's still not clear what the exact issue is here?...

Thanks Christophe, there is no issue here- it's just a speculative enquiry as I heard a couple of people arguing over what is and what isn't the requirement and how the NCS keeps feeding people with wrong information on what documents they need when applying for naturalisation.

Thanks for the clarification.

[JAJ]

Does this mean there are other ways of proving settled status? If so, how??

The ways you can have settled status are as follows:

- Indefinite Leave to Remain : passport stamp or letter from the Home Office
- Right of Abode : passport stamp
- Irish citizenship : Irish passport and/or Irish birth or naturalisation/citizenship certificate.
- "Settled" EEA/Swiss citizens : EEA/Swiss member state passport plus evidence of at least 5 years "exercising Treaty rights" in the United Kingdom.

Also, how does someone without a passport apply for Naturalisation??? This is baffling!!

A passport is not mandatory for naturalisation. Many people, such as refugees, do not have one.

They will usually have evidence of their immigration status on another document.

Never believe what people in NCS etc say as they are not experts on nationality law, especially anything that falls outside somewhat narrow boundaries.

[sakura]

From what I gather about the OP's previous thread, she does not have legal status in the UK and wants to know if she qualifies for ILR/BC - therefore is trying to find out if she might be able to prove settled status some other way. But since, unfortunately, she has deleted her original post in the first thread, I am not too sure about what her original questions were.