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does a reference from employer affect your naturalisation

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rogerroger
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does a reference from employer affect your naturalisation

Post by rogerroger » Thu Feb 02, 2006 3:25 pm

Hello

I was wondering if during the assessment for naturalisation application, the home office asks for the employers reference.

The reason why i am asking this question is what if i decide to change jobs and my previous employer gives me a not so good reference.

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Post by John » Thu Feb 02, 2006 4:14 pm

Roger, it is within their power to ask for information from anyone but I suspect that employer's references are only taken up when there is already a significant doubt about something else. So I think ... relax!
John

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Post by Dawie » Thu Feb 02, 2006 4:44 pm

Well, do you mean that you want to use your employer as a character reference? Otherwise from what I've seen from the application form your employment has nothing to do with the application, in fact I don't think you even have to be currently employed to apply for naturalisation.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

lemess
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Post by lemess » Thu Feb 02, 2006 6:59 pm

I think it is simply a means to indicate where you're currently employed. For most employed people they usually don't even require tax returns etc.
I suspect that the only situation in which they would follow up with an employer would be if your tax records were not totally straightforward and they wanted to check if your PAYE etc was being processed correctly. Of course, being employed is not necessary for your naturalisation application to succeed- being of "good character" is.

Also I think changing jobs is such a common occurrence that the IND would probably just write to you and ask if they really needed to get in touch with your current employer about something. I don't think you should be particularly worried about that - just fill the form in accurately at the time of application.

rogerroger
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Post by rogerroger » Thu Feb 02, 2006 9:02 pm

the reason why i was asking is that as i mentioend i am about to move to fresher greener pastures. and one of my colleagues who has also applied for naturalisation said that it is not wise to move while the application is being processed since it does affect the application process

ppron747
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Post by ppron747 » Thu Feb 02, 2006 10:01 pm

rogerroger wrote:the reason why i was asking is that as i mentioend i am about to move to fresher greener pastures. and one of my colleagues who has also applied for naturalisation said that it is not wise to move while the application is being processed since it does affect the application process
As indeed it could - and (some might say) should, if I may say so.
The fact is that when you applied for naturalisation as a British citizen you made a declaration assuring the Home Office of your intention to continue to live in the UK. Clearly, if the Home Office were to learn, before reaching a decision, that this is no longer your intention, your application would be refused. It would be difficult to argue that such a decision would be wrong, given the clear requirements of the Act.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

lemess
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Post by lemess » Thu Feb 02, 2006 10:10 pm

ppron747 wrote:
rogerroger wrote:the reason why i was asking is that as i mentioend i am about to move to fresher greener pastures. and one of my colleagues who has also applied for naturalisation said that it is not wise to move while the application is being processed since it does affect the application process
As indeed it could - and (some might say) should, if I may say so.
The fact is that when you applied for naturalisation as a British citizen you made a declaration assuring the Home Office of your intention to continue to live in the UK. Clearly, if the Home Office were to learn, before reaching a decision, that this is no longer your intention, your application would be refused. It would be difficult to argue that such a decision would be wrong, given the clear requirements of the Act.
I was assuming he meant moving to a new job - not necessarily moving out of the UK. That would be a totally different situation.

A naturalisation application can take months and I don't see why the home office would assume that an employed person would not reasonably change jobs as and when they see fit - being tied to an employer is hardly relevant for the naturalisation process. You can always write to them and tell them of change of circumstances ( just as you would a change of address) and I don't think it would have any bearing on the application - provided of course that it didn't contradict other elements of the application ( i.e moving out of the UK etc).
Last edited by lemess on Thu Feb 02, 2006 10:15 pm, edited 1 time in total.

rogerroger
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Post by rogerroger » Thu Feb 02, 2006 10:14 pm

i was thinking of becoming a contractor of course in the Uk, who would that affect my application

what about becoming a contractor in the EU?

lemess
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Post by lemess » Thu Feb 02, 2006 10:17 pm

rogerroger wrote:i was thinking of becoming a contractor of course in the Uk, who would that affect my application

what about becoming a contractor in the EU?
It should not although for self employed people they do normally ask for a tax return. However if you have just become a contractor , you won't be filing your company and individual accounts till a year later so I don't think it should make any difference. If you do this before you get a result just write and tell them you have changed employers and now work for your own company. I don't think it will be an issue.

rogerroger
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Post by rogerroger » Thu Feb 02, 2006 10:19 pm

It should not although for self employed people they do normally ask for a tax return. However if you have just become a contractor , you won't be filing your company and individual accounts till a year later so I don't think it should make any difference. If you do this before you get a result just write and tell them you have changed employers and now work for your own company. I don't think it will be an issue.
so i will have to mention the home office if i become a contractor, correct?

lemess
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Post by lemess » Thu Feb 02, 2006 10:24 pm

rogerroger wrote:
It should not although for self employed people they do normally ask for a tax return. However if you have just become a contractor , you won't be filing your company and individual accounts till a year later so I don't think it should make any difference. If you do this before you get a result just write and tell them you have changed employers and now work for your own company. I don't think it will be an issue.
so i will have to mention the home office if i become a contractor, correct?
I would tell them about a change of details of employer - which will now be your own company. Like I said - it need not be any different to telling them about a change of address.
Obviously it would not be very sensible to move out of the UK before you get naturalised ( i.e. contract in the EU) for the reasons ppron mentioned.

rogerroger
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Post by rogerroger » Thu Feb 02, 2006 11:32 pm

thanks for the reply

no, i am not planning to move out of the uk till my application is successful.

if i change employers or become a contractor, how do i intimate the home office. is there a form or do i just write them a letter stating that i am employed by so and so/ or am now a contractor.

hiding change of employment would have an effect on the application

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Post by ppron747 » Thu Feb 02, 2006 11:52 pm

If there's a form, it'll be on their website, in common with all of their forms. If there isn't, I should write to them.
|| paul R.I.P, January, 2007
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bbdivo
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Post by bbdivo » Fri Feb 03, 2006 12:28 am

rogerroger wrote:thanks for the reply

no, i am not planning to move out of the uk till my application is successful.

if i change employers or become a contractor, how do i intimate the home office. is there a form or do i just write them a letter stating that i am employed by so and so/ or am now a contractor.

hiding change of employment would have an effect on the application
When did you actually change employer (ie become a contractor) was it during your application or after the application? If its after I really dont think you have to mention anything to the Home office, if it is before then am not sure. As far as I can ascertain if you're self employed the main reason you have to tell them in the application is to show that you have discharged you tax liabilities to the government. Being self employed it is up to you to pay the taxes so they want proof of that, if you are employed in the traditional sense, your employer should be paying PAYE.

EDIT:- Just had a look at the naturalisation form and it doesnt actually state they will be getting in touch with past or current employers, it does say:
In this section you need to give information which will help the Home Secretary to decide whether he can be
satisfied that you are of good character. Checks will be made with the police and possibly other Government
Departments, the Security Service and other agencies and your referees will also be asked later on in this
form to confirm that you are of good character.
Well those are my thoughts anyway!

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Post by ppron747 » Fri Feb 03, 2006 12:48 am

bbdivo wrote:...EDIT:- Just had a look at the naturalisation form and it doesnt actually state they will be getting in touch with past or current employers, it does say:
In this section you need to give information which will help the Home Secretary to decide whether he can be
satisfied that you are of good character. Checks will be made with the police and possibly other Government
Departments, the Security Service and other agencies and your referees will also be asked later on in this
form to confirm that you are of good character.
It doesn't say they won't, either - "other agencies" could mean anything...
And checks with "other Government Departments" could turn up any change, which they might possibly think worth looking at, if they didn't already know. On balance, I think it's probably better to inform them than not to do so.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

rogerroger
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Post by rogerroger » Fri Feb 03, 2006 8:21 am

thanks for the replies

I have not switched jobs as yet. i am contempltaing moving jobs (within the UK) in the near future.

bbdivo
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Post by bbdivo » Fri Feb 03, 2006 9:57 am

ppron747 wrote:
bbdivo wrote:...EDIT:- Just had a look at the naturalisation form and it doesnt actually state they will be getting in touch with past or current employers, it does say:
In this section you need to give information which will help the Home Secretary to decide whether he can be
satisfied that you are of good character. Checks will be made with the police and possibly other Government
Departments, the Security Service and other agencies and your referees will also be asked later on in this
form to confirm that you are of good character.
It doesn't say they won't, either - "other agencies" could mean anything...
And checks with "other Government Departments" could turn up any change, which they might possibly think worth looking at, if they didn't already know. On balance, I think it's probably better to inform them than not to do so.
I really do think they are referring to other Government agencies in the qoute. If you're still at the point of contemplating a move rogerroger, why dont you give the nationality helpline a call (if you can get through!) or drop them an email, I'm sure they will tell you exactly what to do.

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