Evidence of presence in the UK (with the EU settled status)

[LondonApplicant]

A family member asked for my help in sorting out her naturalisation application.

We are trying to understand if it is ever worth applying via an agent, if it saves enough hassle / reduces the risk enough to justify the cost, or if spending that money makes sense only for the most complex cases.

Any thoughts? A quick search seems to suggest agents' fees start from £600ish and could go up to the thousands depending on the complexity of the case.

The applicant in question came here pre-Brexit as a EU citizen, has always worked during her time in the UK, and now has settled status under the EU settlement scheme. She is married to a British citizen but she could apply even if she weren't.

I naturalised many moons ago, when there was a checking service at the local council. They advised I should get additional documents from HMRC (which weren't mentioned anywhere in the official guide) before applying, so I did.

Now, if I understand correctly, that service no longer exists. However, you no longer have to leave your passport with the Home Office so you can travel while they process your application, right?

[CR001]

Applying through an advisor or solicitor has no influence or anything on an application. It is really a waste of money in my view.

Citizenship is not a difficult application to make. Everything is online and supporting documents are uploaded digitally.

[LondonApplicant]

Yes, I should have been clearer: I know that applying through an advisor does not affect the outcome of the application. I meant if there are common pitfalls that an advisor might spot (before you submit the application) but that a layperson wouldn't, or if someone with EU settled status is such a straightforward case that this doesn't really apply.

[CR001]

Your overthinking. The ukvi guidance is very clear on what is required.

There are no deliberate pitfalls or anything. You either meet the requirements or you don't, it is that simple.

Most advisors, based on member experience on the forum, are so ill informed and give incorrect advice anyway.

[kamoe]

Yes, I should have been clearer: I know that applying through an advisor does not affect the outcome of the application. I meant if there are common pitfalls that an advisor might spot (before you submit the application) but that a layperson wouldn't, or if someone with EU settled status is such a straightforward case that this doesn't really apply.

Tough one, it's not black and white.

There are a few things my advisor was able to spot and I wasn't, and I have been a contributing member of these boards for quite some time.

For example, it was thanks to my advisor that I didn't submit the application on a date that wasn't suitable, since the guidance can be very misleading on the 5-year rule. You have to be physically present in the UK exactly five years PLUS on day, before the application date. I thought it was only 5 years (without the plus day) and almost made a critical error. For the record, no one here had clarified that. It started to form part of our common knowledge here once I posted my experience.

So I sadly have to disagree with CR001, the naturalisation application is NOT as easy as it seems, and the whole thing can be stressful and overwhelming, and so much of the guidance is outdated and refers to legacy procedures that no longer apply. The choice of words is also very contradictory sometimes. I had to ask many questions here myself in the process (and I am tech and immigration savvy), many of which were very kindly answered by CR001 herself

That being said, full disclaimer: my advisor was paid for my company, so it was a no brainer. I wouldn't have contracted their services on my own.

I think the best of both worlds if you have a straightforward application like yours, is to do it yourself, yes... but please, please, please, use the help of this space and do post any questions you'll have here, with plenty of time. It's sad to see so many people posting questions when it's already too late to do the right thing. You will get all the answers you need here.

[kamoe]

To answer your actual question: In general, it is worth contracting the services of an immigration advisor when your case has factors that make it very difficult or impossible to deal with under normal immigration rules. For example, if your case is a rare exception, or something that has never happened before, where no one here is likely to have first-hand experience of a similar case to be able to help answer the many questions you'll have (e.g. this post of someone being on Pre-settled status by error, hence unable to sponsor family or renew or upgrade, it's a good example of someone having no alternative but to hire professional help).

Or, if money is not an issue, and you really don't want to bother putting any effort, yes, people do hire immigration advisors. It's worth for them (probably not for most people).

[LondonApplicant]

A person asked for my help - she has the EU settled status. Her husband is an EU citizen who obtained British citizenship after they got married but before Brexit.

I understand that, normally, you need to have been a resident for 5 years, but this time is shortened to 3 years for spouses of British citizens.

The question is:

• [1]can she choose whether to apply as the wife of a British citizen, or whether to submit an application which is independent of her marital status? After all, she'd qualify even if she weren't married to this now British citizens (she has been here way more than 5 years)
  
  [2]or must the application be as a wife? In which case, are there any implications? Eg citizenship revoked if they separate after a certain number of years? No separation is on the horizon AFAIK but we want to understand the rules!

Reading the naturalisation form, it seems to me the answer is 2, because it asks you if you are married to a British citizen, not if you wish to apply as the wife of a citizen.

Thoughts? Thanks!

PS I suppose a difference could be that, if the husband had lied to obtain his citizenship, then maybe her naturalisation might be at risk, too, but not so if she naturalises independently of him? But that's more of a theoretical risk TBH

[alterhase58]

Yes you can - I did….
Just show the requirements for five years. Answer the spouse questions but don’t provide any marriage documents.
If someone lies their citizenship will be cancelled und person will have no status in the UK.

[LondonApplicant]

So can she put a note saying something like:

I married Mr such and such on d-m-y; he is now a British citizen, but I am applying to naturalise regardless of my marriage status, as I meet the criteria for naturalisation on my own?

Do you remember if you put in any specific note? Did you just say you were married to a British citizen but didn't provide any details? Or did you provide all the details (spouse name, date of marriage, date the spouse naturalised if applicable) but no marriage certificate?

[alterhase58]

So can she put a note saying something like:

I married Mr such and such on d-m-y; he is now a British citizen, but I am applying to naturalise regardless of my marriage status, as I meet the criteria for naturalisation on my own? No need to explain this separately - I didn't.

Do you remember if you put in any specific note? Didn't add a note to this effectDid you just say you were married to a British citizen but didn't provide any details? Or did you provide all the details (spouse name, date of marriage, date the spouse naturalised if applicable) but no marriage certificate? I provided all my spouse's details (including registration date) as required, but no documents to that effect.

Note that the result will always be the same - British citizenship - no distinction.

[LondonApplicant]

Part 3 of the supporting documents is "evidence you were physically present in the UK"
https://assets.publishing.service.gov.u ... 6-2022.pdf
The document mentions letters from employers but does not mention P60s or tax records.

For those who were in full time salaried employments, would a P60 do or do they need a letter from the employer, too?

I did it many many years ago (a relative is now asking for my help) and at the time I remember that the Council Checking Service (which no longer exists) recommended I get some letter / statement from HMRC, but I don't remember exactly what it was.

Thanks!

[CR001]

Is this question related to the other topics you have posted helping someone???

british-citizenship/can-the-spouse-of-a ... l#p2097844

british-citizenship/naturalisation-when ... l#p2097534

[LondonApplicant]

I don't understand the question.

It is the same person who asked for my help.

But they are all completely separate points, hence the separate threads.

What does it matter if this question relates to the same person or not? Surely the answer wouldn't be different if this were a different applicant?

[CR001]

I don't understand the question.

It is the same person who asked for my help.

But they are all completely separate points, hence the separate threads.

What does it matter if this question relates to the same person or not? Surely the answer wouldn't be different if this were a different applicant?

Topics merged!!!

It matters, read the forum rules a outultiple posts/topics!!

announcements/multiple-posts-will-be-lo ... t5722.html

[LondonApplicant]

What a bizarre, non-sensical and counter-productive rule!

Doing the opposite does not create confusion, it limits confusion by making information easier to access and to find!

What you are saying is that you want one thread per applicant, regardless of how diverse and unrelated the questions of that applicant may be - is that right?

But one applicant can have multiple questions on multiple separate points.

What do you achieve by merging all the posts by applicant?
If I have a question on A, B and C, and make 3 separate posts, I cannot create a post with a title mentioning A, B and C (not enough space). Someone who can answer B but sees only A in the title won't answer. Someone looking for information on B but seeing only A in the title will find it more difficult to find the right information.

You are saying that if I have already asked A and B, and I also want to ask C, I must do it in the same thread?

While if someone else has the same identical question on C, they can open a dedicated thread on C only, which will be easier to find for both those who can answer and those looking for the same answer????

[LondonApplicant]

To be clear, the rules mention no multiple postings on a single question or topic.
announcements/multiple-posts-will-be-lo ... t5722.html

Asking 2 or 3 totally unrelated questions on naturalisation is not the same question or topic.

@cr001
If what you want is a single thread by applicant, regardless of how unrelated all the questions of that applicant may be, please at least make this clear in your rules!!!