Application for British naturalisation: gap in employment + self employment questions

[contorted_svy]

Hello,

First of all I want to express my gratitude for the work you do and all the advice you provide to many immigrants like myself. I hope you will be able to help me. I apologise in advance as some of the questions are probably menial.

I will become eligible for naturalisation under Section 6(1) of the British Nationality Act 1981 (not married to a British citizen) in less than a year, so I have started to collect all the evidence needed.

Here is a breakdown of my history:

I am an EEA citizen, no criminal convictions
Got to the UK in May 2017, and started my first job in the UK on 22 May 2017
Got a registration certificate in Sept 2017
My workplace changed address (not name) in 2018
Obtained pre-settled status in January 2019
Renewed passport in November 2019
Contract ended on 12 March 2020
Was out of the country on 13-14-15/03/2020, then came back
Lockdown started on 24/03/2020
Started looking for jobs but didn’t register with job seeking office straight away. This was at the time when the pandemic started and I was going through a depressive episode (I have a note from my GP at the time dated 15/05/2020 that my case had been assessed on the 26/02/2020 that I was not fit for work). I couldn’t have travelled because the UK was in lockdown at the time
Registered with Universal Credit on 5 May 2020
Received UC and JSA until 1 June 2020
Started new job on 1 June 2020
Have been self-employed as well as employed since April 2021
Received settled status on 18 May 2022
I have been absent 65 days from the UK in the qualifying period (so far, but I don't have extensive plans for travel).


Considering that the guidance recently changed due to the Nationality and Borders Bill taking effect, I have the following questions:

Questions about employment

While I was out of work and not on benefits in the period 12/03/2020 to 05/05/2020 I have a gap in my evidence (I am submitting P45/P60s and letters from employers, but sadly I don't have any government communications in that period). I am considering writing about this in the cover letter.
- Would this be considered a problem (I don't have many absences, so should they look at this as an absence it wouldn't be a problem)?
- Would emails inviting me to job interviews and/or bank statements and/or council tax bill be acceptable as evidence in this instance?
- Should I write about this in the cover letter?
- Should I provide the Dr note (referenced in the history) or reference my medical history in the cover letter in any way?
- Recently my employer has changed my job title, do I have to declare this?

Questions about self employment

When I go to declare that I am both employed and self employed, it results that my self employed work is for the company that employs me full time (which is not the case). See picture here https://ibb.co/x2nWNKS

- Is this the correct way to declare I am both employed and self employed?
- Is it better to close my business for this year and just be employed, or would I still have to declare I have been self employed in the 5 years qualifying time?
- Should I explain why I am both employed and self employed in the cover letter?
- Do i need to enclose the most CURRENT tax return (I expect to apply in mid 2023, so the one from the tax year that ends in 2023 and therefore submit a tax return as soon as possible) or can I use the one from tax year ending in 2022 if I haven’t submitted the 2023 tax return yet?
- How do I create the most recent tax year account statement and corresponding HMRC tax return?

Questions about documents

- After the new guidance has been published they dropped the insurance requirement, is the EHIC or UK-EHIC needed or helpful for the application? I am waiting to receive my UK-EHIC.
- I am an EEA citizen, so my passport isn't stamped. Do I need to provide my old expired passport too (with all scanned pages)?
- I don’t have a BRP. The final document checklist doesn’t ask for my national ID card I provided details for, should I scan it and upload further evidence for my identity?
- Is the EUSS residence card needed? I don’t think I can apply for one anymore, it doesn’t appear on the checklist but I remember it used to be in old guidance.
- I have a registration certificate, should I upload it and comment on it in the cover letter?
- Can I email the referees a picture of me, for them to print it at home, or do I have to print it on photographic paper?
- Is a scan of the referee declaration ok, or do I have to post the original to the Home Office?
- Will I be able to upload everything to the Home Office website after I paid, or do I have to bring everything with me at the biometric appointment?

I will be most grateful for any advice or answers to my questions. I have started to draft the cover letter too and if anyone would want to read it that would also be most appreciated

[contorted_svy]

I forgot to ask a question and I can't find the edit button, sorry for the double post.

- For one of my employments, I was never given a P60, but I have a P45. Will this be ok when combined with an employer letter?
- Should I comment on it in the cover letter? (I was never given one because my employment ended before the end of the financial year and employers are not required by law to issue a P60 in this case I believe).

Thank you!

[alterhase58]

A few short answers/pointers to your question ....

Considering that the guidance recently changed due to the Nationality and Borders Bill taking effect, I have the following questions:

Questions about employment

While I was out of work and not on benefits in the period 12/03/2020 to 05/05/2020 I have a gap in my evidence (I am submitting P45/P60s and letters from employers, but sadly I don't have any government communications in that period). I am considering writing about this in the cover letter.
- Would this be considered a problem (I don't have many absences, so should they look at this as an absence it wouldn't be a problem)? No issue - list period as unemployed.
- Would emails inviting me to job interviews and/or bank statements and/or council tax bill be acceptable as evidence in this instance? Council Tax bills recommended.
- Should I write about this in the cover letter? Personally I don't think you have to explain yourself - work isn't a pre-requisite for naturalisation.
- Should I provide the Dr note (referenced in the history) or reference my medical history in the cover letter in any way? Sorry, don't understand the need for this??
- Recently my employer has changed my job title, do I have to declare this? NO!

Questions about self employment

When I go to declare that I am both employed and self employed, it results that my self employed work is for the company that employs me full time (which is not the case). See picture here https://ibb.co/x2nWNKS

- Is this the correct way to declare I am both employed and self employed? Yes
- Is it better to close my business for this year and just be employed, or would I still have to declare I have been self employed in the 5 years qualifying time? You are overthinking .... just declare self-employment.
- Should I explain why I am both employed and self employed in the cover letter? NO! You don't need to justify yourself.
- Do i need to enclose the most CURRENT tax return (I expect to apply in mid 2023, so the one from the tax year that ends in 2023 and therefore submit a tax return as soon as possible) or can I use the one from tax year ending in 2022 if I haven’t submitted the 2023 tax return yet? Last available Tax return, 2022.
- How do I create the most recent tax year account statement and corresponding HMRC tax return? You have done the tax return for 2022? Just download from HMRC. Sorry not sure about this. Youmust have some documents already?

Questions about documents

- After the new guidance has been published they dropped the insurance requirement, is the EHIC or UK-EHIC needed or helpful for the application? I am waiting to receive my UK-EHIC. NO, EHIC is totally irrelevant for naturalisation.
- I am an EEA citizen, so my passport isn't stamped. Do I need to provide my old expired passport too (with all scanned pages)? Just your current passport.
- I don’t have a BRP. The final document checklist doesn’t ask for my national ID card I provided details for, should I scan it and upload further evidence for my identity? Not required.
- Is the EUSS residence card needed? I don’t think I can apply for one anymore, it doesn’t appear on the checklist but I remember it used to be in old guidance. NO - yoru email with ref number is sufficient.
- I have a registration certificate, should I upload it and comment on it in the cover letter? What is that registration certificate for - don't recognise this as a required document.
- Can I email the referees a picture of me, for them to print it at home, or do I have to print it on photographic paper? You can send it to them with the form.
- Is a scan of the referee declaration ok, or do I have to post the original to the Home Office? Upload scan only - keep original.
- Will I be able to upload everything to the Home Office website after I paid, or do I have to bring everything with me at the biometric appointment? You can upload everything yourself - note that UKVCAS are not UKVI case workers they will no validate your documents, that's the Home Office's job.

I will be most grateful for any advice or answers to my questions. I have started to draft the cover letter too and if anyone would want to read it that would also be most appreciated Cover letter as such not required - unless you are nervouse and wish to explain something complicated. If you fulfil all the requirements you don't need to plead with the Home Office.

I understand that you (and many applicants) are very nervous and want to get everything absolutely right. But the application doesn't' require tons of documents and you won't be penalised for not crossing a t or not dotting an i .... please ask further question in this thread.

[contorted_svy]

Thank you alterhase58 for your reply, much appreciated. I tend to be an anxious person and it's a stressful process.
I will produce the council tax bill for the period I was unemployed to cover the residence requirement.
As for the questions below, that I forgot to include in my original post, would the lack of a P60 be a problem? (I would imagine probably not!)

- For one of my employments, I was never given a P60, but I have a P45. Will this be ok when combined with an employer letter?
- Should I comment on it in the cover letter? (I was never given one because my employment ended before the end of the financial year and employers are not required by law to issue a P60 in this case I believe).

Regarding self employment, I am not sure if the document I downloaded is the right one, I'll ask some friends that have more experience with self employment paperwork and see if they can help.

[alterhase58]

Thank you alterhase58 for your reply, much appreciated. I tend to be an anxious person and it's a stressful process.
I will produce the council tax bill for the period I was unemployed to cover the residence requirement.
As for the questions below, that I forgot to include in my original post, would the lack of a P60 be a problem? (I would imagine probably not!)

- For one of my employments, I was never given a P60, but I have a P45. Will this be ok when combined with an employer letter?
- Should I comment on it in the cover letter? (I was never given one because my employment ended before the end of the financial year and employers are not required by law to issue a P60 in this case I believe).

Regarding self employment, I am not sure if the document I downloaded is the right one, I'll ask some friends that have more experience with self employment paperwork and see if they can help.

If you have the council tax bill for the period then no P60 required. Though the P45/Letter should be fine as well.

It's a while since I applied and also was very anxious especially late in the process, but the approval came shortly after.

[contorted_svy]

Thank you again.

If I also have letters from benefits, should I include them, or would the council tax bill be enough to cover the period? I don't want to send too much evidence, but I also don't want to send too little.

[alterhase58]

Council Tax Bill(s) are perfectly acceptable.

[contorted_svy]

Thank you.

When should the referee sign the declaration? Should the declaration be signed after I submit the application? or can this happen before I apply? If so, how much earlier would be acceptable? Eg, 6 months, 4 weeks?

[alterhase58]

Before or after is acceptable. I would do it relatively close to the application date. A month is probably a good compromise.
Remember referees can be difficult (especially with their data) and might even want to change their mind later and withdraw....

[contorted_svy]

Thank you. Hopefully this shouldn't be a problem as one of my referees is my best friend and I trust the second one too. If the second one should back off, I am in the privileged place of knowing a number of "qualified professionals" so I should be able to find another without too much trouble.
Can I send them the picture as an email attachment, for them to print it off and stick it to the form, or should it be printed on photographic paper? As I need to upload a scan anyway it shouldn't make much difference if it's actual photographic paper?

[alterhase58]

The photo printing and emailing is ok - as you say it will scanned so won't make much of a difference.
Finding suitable referees is often a problem so if you have a ready supply make the most of it. You should also re-assure them that they play an important part in your application, though they won't normally be contacted, beyond their declaration.

[contorted_svy]

For the year that my P60 is missing I have requested letters from my employer, and I should have the P45 , should I also upload payslips from that job (especially if I can't locate the P45)? Thank you!

[alterhase58]

For the year that my P60 is missing I have requested letters from my employer, and I should have the P45 , should I also upload payslips from that job (especially if I can't locate the P45)? Thank you!

If you wish to can upload pay slips, but an employer letter should be sufficient. UKVI not interested in your earnings.

[contorted_svy]

Thank you. I asked my employer at the time to send a copy of the P60, but I also will have to send council tax for that period so this is me again probably overthinking this.

[contorted_svy]

So, the problem with the missing P60 is that I wasn't in work on the 5 April 2020, so my workplace won't issue it.

Therefore I have to provide other evidence for the period that P60 would cover (April 2019 to April 2020).

So far I have:

- P60 for 2018-2019
- P45 from leaving the job I was in from January 2019 to September 2019 (I have asked for a letter of employment too)
- New account council tax bill from Sept 2019 to March 2020 (I moved to a new address)
- Letter of employment from Sept 2019 to March 2020
- P45 for leaving this job
- Annual council tax bill from 1 April 2020 to 31 March 2021
- New account Council tax from 10 Oct 2020 to 31 March 2021 (I moved to a new address)

I will obtain (nearer the application date) a letter from my current employer that will cover from June 2020 onwards and I have all the other P60s. I am wondering whether I should include more evidence to cover April 2019 to April 2020 as I don't have the P60 for that year, or if this will be enough. This could be either an annual council tax bill for 2019 or payslips.

I can also add a letter I received from Jobseeker's Allowance in May 2020 and the P45 from having received benefits. but I don't want to duplicate information too much (which I realise I may already be doing).

Thank you again for your responses.

[contorted_svy]

Hello,

I have remembered that I had received a fine for parking (which I had actually paid for, and was cancelled after I communicated with the council). Unfortunately I have lost records for this, is it something I should investigate and mention on the cover letter, or is it unnecessary as it was their mistake and I never had to pay the fine?

On a similar note, when I set myself up as a sole trader I had made a mistake with the date I had opened the business which resulted in HMRC sending me a late filing notice. When I called them to explain I had made a mistake (putting 3 April instead of they cancelled it (it results on the HMRC services page).

Thank you for your help.

[alterhase58]

I think there's nothing to declare for both events as they were cancelled.

[contorted_svy]

On HMRC I see this:

Late filing penalty (adj)

And the amount is 0.00.

For the other one, I'll try to call the council, unfortunately it was a rental vehicle and I can't remember the license. What may have happened is that I appealed it and was successful, but I am not sure if it still results in my name. I do remember I didn't have to pay though.

[AmazonianX]

On HMRC I see this:

Late filing penalty (adj)

And the amount is 0.00.

For the other one, I'll try to call the council, unfortunately it was a rental vehicle and I can't remember the license. What may have happened is that I appealed it and was successful, but I am not sure if it still results in my name. I do remember I didn't have to pay though.

You were not penalised for either. Therefore state and indicate what transpired in a cover letter.

[contorted_svy]

Thank you, I have chased up with HMRC and they said the late filing penalty was cancelled. I have all the dates so I can use them in the letter. I am waiting to hear back from the council, but that was only a PCN (which I challenged and won) so I shouldn't need to disclose it.

I have been scouring the HRMC website to look for the "Most recent tax year account statement" from my self assessment page, but there is no document with that title. Do they mean the SA302 calculation/Self Assessment Annual Tax Summary? Is there anyone else that had to submit evidence of self-employment that knows what they actually mean?

[contorted_svy]

Anyone that applied as self employed that could help with what HMRC documents one has to submit?

[humanist100]

I applied as a director / self employed but salary was paid under PAYE. So gave that PAYE number, and did not send self assessment.
You can whatever you have and a letter from an accountant explaining your situation or that it is less than taxable threshold.