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Permanent residency requirement for Naturalisation (help)

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shire19
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Permanent residency requirement for Naturalisation (help)

Post by shire19 » Tue May 01, 2007 1:33 pm

My situation:

I'm an Dutch citizen with an Dutch passpoort and came into England through Dover in February 2001. So have been in the country non-stop for 6 years and a few months.

I was gonna apply for Naturalisation back in May 2006 but was told that because of the new law imposed on the 30th of April 2006 I had to wait a year till on the 30th of April 2007.

Now I've passed the Citizenship test, I've got two valid referees but what I'm concerned about is the permanent residence... When I came into the country I got no stamp on my passpoort nor did me or my family recieve any home-office letters acknowlodging anything.

I was told (I'm not sure if this is correct) that I need to provide proof that I was physically present in the country in 2001.. Is this true and will this be enough or do I have to gather letters throughout my stay in England to proof residency?

I've met all the other requirements but just really confused on the residency part and the proof that is required of me.

I tried calling the Nationality help-desk from their website but they've been unable to take my calls for the past 2 days and thats why I figured I'd ask here.

Any help would be greatly appreciated, Im ready to send in the application once I have this sorted out. Feel free to ask for any more information if it'll help.

Thanks in advance

SYH
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Post by SYH » Tue May 01, 2007 1:52 pm

HI Shire
Just curious why would you want UK citizenship.
Dutch citizenship pretty lets you do what you want to do like UK citizenship or is just that you have been there for 6 years and you are ready???
I also thought the Dutch do not appreciate dual nationality, will you have to give up you Dutch passport???

shire19
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Post by shire19 » Tue May 01, 2007 2:00 pm

SYH wrote:HI Shire
Just curious why would you want UK citizenship.
Dutch citizenship pretty lets you do what you want to do like UK citizenship or is just that you have been there for 6 years and you are ready???
I also thought the Dutch do not appreciate dual nationality, will you have to give up you Dutch passport???
Hi, I want the UK citizenship because I plan on starting my career in the Army and its an requirement. And yes I will have to give up my Dutch citizenship/passpoort.

SYH
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Post by SYH » Tue May 01, 2007 4:06 pm

I looked at the forms for Naturalisation and that would be your passport with letters from employers such as a p60, education establishment such as a diploma, or other govt dept.
It depends on your situation so if you can tell us what you were doing in the uK for the apst 5 years, then that would help determine what documents to support your application

shire19
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Post by shire19 » Tue May 01, 2007 4:21 pm

SYH wrote:I looked at the forms for Naturalisation and that would be your passport with letters from employers such as a p60, education establishment such as a diploma, or other govt dept.
It depends on your situation so if you can tell us what you were doing in the uK for the apst 5 years, then that would help determine what documents to support your application
I was in college from 2001 till end 2004 and on/off working till summer 2006 till I got an steady job... I was living with my parents till I got the steady job.

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Post by SYH » Tue May 01, 2007 4:43 pm

Not sure how the student aspect factors in meeting the residency time frame but obviously showing tuition charges and a diploma indicates you were there taking the program.
When you say you stayed with your parents, does that mean in holland or were they were in the UK.
If the jobs were in the UK, then you should have received p60's
Obviously living with your parents means you haven't bought any property i your name which would help.
I dont think your vagueness make it easy to help you.

shire19
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Post by shire19 » Tue May 01, 2007 5:01 pm

SYH wrote:Not sure how the student aspect factors in meeting the residency time frame but obviously showing tuition charges and a diploma indicates you were there taking the program.
When you say you stayed with your parents, does that mean in holland or were they were in the UK.
If the jobs were in the UK, then you should have received p60's
Obviously living with your parents means you haven't bought any property i your name which would help.
I dont think your vagueness make it easy to help you.
I've called up the college's i've attended and scheduled to pick up official letters confirming the courses I took there. I came in the UK when I was 15 so moved with my parents. I've got only one P60 for a job I did for 6 months in end 2006, early 2007.

Won't an bank-statement or college later as early as 2001 be enough to show that I've resided in this country since then? I mean surely the government can check that I've left the country since then because of the passpoort right?

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Post by SYH » Tue May 01, 2007 5:08 pm

Not really, you could have opened up an account and left it, doesn't mean you were in the country using it day in and day out.
but it sounds like your bases are covered now

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Post by shire19 » Tue May 01, 2007 5:17 pm

SYH wrote:Not really, you could have opened up an account and left it, doesn't mean you were in the country using it day in and day out.
but it sounds like your bases are covered now
I remember opening my account back in early 2002, so that would give me 5 years.. I've been using my bank account practically every few days since I opened it so would bankstatements from the beginning till now be enough without all the college letters and such?

Oh and thanks for the help

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Post by SYH » Tue May 01, 2007 5:24 pm

You are welcome

The guidance notes does not suggest that bank statements would be sufficient, it might be probative. Thats why they state other government agencies. The HO would not appreciate you sending me them 60 bank statements for them to peruse

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Post by Marco 72 » Tue May 01, 2007 8:17 pm

shire19 wrote:I remember opening my account back in early 2002, so that would give me
5 years.. I've been using my bank account practically every few days
since I opened it so would bankstatements from the beginning till now be
enough without all the college letters and such?

Oh and thanks for the help
My advice:

- Contact your bank and ask them for a bank statement for the last five
years. Two years ago Barclays charged me £5 for this.

- Get letters from the schools you attended between 2001 and 2004,
and the P60 from the time when you worked.

- Try to get a letter from your GP(s) stating that you have been a patient with them for so many years.

- When you have the above ready, make an appointment with a Nationality Checking Service. If when you call them they ask you about proof of residence, say you will bring your passport, bank statements, etc. If they think the evidence is not enough, call another NCS centre. Some of them don't ask you when you book the appointment.

- When you go to the appointment, bring all of the documents above plus all your Dutch passports and ID's for the past five years.

Good luck.

shire19
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Post by shire19 » Tue May 01, 2007 8:41 pm

Marco 72 wrote:
shire19 wrote:I remember opening my account back in early 2002, so that would give me
5 years.. I've been using my bank account practically every few days
since I opened it so would bankstatements from the beginning till now be
enough without all the college letters and such?

Oh and thanks for the help
My advice:

- Contact your bank and ask them for a bank statement for the last five
years. Two years ago Barclays charged me £5 for this.

- Get letters from the schools you attended between 2001 and 2004,
and the P60 from the time when you worked.

- Try to get a letter from your GP(s) stating that you have been a patient with them for so many years.

- When you have the above ready, make an appointment with a Nationality Checking Service. If when you call them they ask you about proof of residence, say you will bring your passport, bank statements, etc. If they think the evidence is not enough, call another NCS centre. Some of them don't ask you when you book the appointment.

- When you go to the appointment, bring all of the documents above plus all your Dutch passports and ID's for the past five years.

Good luck.
Thanks for the info, I will definatly do that..

Another question I have is the ILR. I did not recieve any notice from the home-office that I have it but with the new law I can assume that no material proof is required for it to be sent with the application?

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Post by SYH » Tue May 01, 2007 8:43 pm

Shire?
Did you read the application even a little?
You would be exempt.

shire19
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Post by shire19 » Tue May 01, 2007 8:57 pm

SYH wrote:Shire?
Did you read the application even a little?
You would be exempt.
Sorry, I might not sound like it but yes I did.. Reason I ask is the NCS appointment I made earlier in the afternoon wanted to know if I had an ILR certificate, of which I said I didnt need too but she didnt believe me. Kept asking wheter I recieved any letters from home-office.

But good to know for sure now, thanks

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Post by JAJ » Tue May 01, 2007 9:16 pm

SYH wrote:HI Shire
Just curious why would you want UK citizenship.
Dutch citizenship pretty lets you do what you want to do like UK citizenship or is just that you have been there for 6 years and you are ready???
I also thought the Dutch do not appreciate dual nationality, will you have to give up you Dutch passport???
Lots of reasons why a Dutch person might want to swap their passport for a British one. Maybe they want to vote, hold public office, join the military or civil service, or perhaps just that they see the United Kingdom as "home".

There is another advantage should they subsequently leave the United Kingdom - they could keep their naturalised British citizenship if they subsequently became a Canadian or Australian citizen, while of course they couldn't keep Dutch citizenship.

And a British passport still allows them to live in the Netherlands. Of course this could change should the EEA free movement of labour system break down, but that's the deal at the moment.

Incidentally, Dutch citizens who are married to British citizens do not lose their citizenship upon naturalisation in the UK.

SYH
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Post by SYH » Tue May 01, 2007 9:19 pm

thanks jaj
I knew that
just wanted to know why he wanted to do it
serving in the military is quite admirable and not one of the reasons you list

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Post by John » Wed May 02, 2007 9:23 am

shire19, you need to have been exercising your EU Treaty Rights for 5 years in order to get PR status. Being a student in the UK is a way of doing that.

You came to the UK in Feb 2001. When did you start to be a student in the UK? And if some gap between when you arrived and when you became a student, what were you doing for the period of time?
John

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Post by Dawie » Wed May 02, 2007 10:46 am

Do bear in mind that if you do not explicity tell the Dutch authorities that you have been naturalised as a British citizen, they have no way of knowing or finding out.
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.

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Post by Marco 72 » Wed May 02, 2007 11:52 am

The OP should also be able to retain his Dutch citizenship, according to this, if he resided in the UK for five years before turning 18 or was born in the UK.

In any case, I understand it's possible to regain Dutch citizenship by moving your residence to the Netherlands for at least one year. This is similar to what happened to Italian citizens who acquired another citizenship until 1992.

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Post by JAJ » Wed May 02, 2007 12:42 pm

Dawie wrote:Do bear in mind that if you do not explicity tell the Dutch authorities that you have been naturalised as a British citizen, they have no way of knowing or finding out.
But because the loss of citizenship is automatic it wouldn't matter. In that case he would be illegally travelling on a Dutch passport.

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Post by Dawie » Wed May 02, 2007 2:02 pm

If a tree falls in a forest and no one is around to hear it, does it make a sound?

I believe this is the fundamental problem with automatic revocation of citizenship.
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.

shire19
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Post by shire19 » Wed May 02, 2007 2:25 pm

John wrote:shire19, you need to have been exercising your EU Treaty Rights for 5 years in order to get PR status. Being a student in the UK is a way of doing that.

You came to the UK in Feb 2001. When did you start to be a student in the UK? And if some gap between when you arrived and when you became a student, what were you doing for the period of time?
I was enrolled in May 2001 at an community college and have proof of that now. I got letters confirming my courses up until the end of 2004 and P60, P45's confirming my employment up untill my current job which I've held for nearly 11 months now. I'm all set now thanks, except for teh bank statements, they will take a week to get to me.

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