previous stay in the UK and AN application

[kgouz]

I was wondering if anyone could help me with this:

I'm an EEA national and I have recently send my AN form for naturalisation. I first came to the UK as a student in 2006, stayed a year as a student and then started work for a couple of years until October 2009 when I left the UK, thinking at the time that it would be permanent. However, in January 2011 I had a good job offer from my former employer and so I came back, this time for good. I have been here since then.

I've applied and was issued with a DCPR last year with a date of acquisition of PR January 2016. In my application for DCPR, I was advised to put January 2011 as the date I first came to the UK (disregard the years between 2006-2009).

At my NCS appointment for the AN form, I was also advised to put January 2011 as the date I first came to the country with a view to staying permanently. Now on my employment history question, I've entered only my employment history since 2011. I would also add that I've only been employed (including pre 2009) by the same employer.

The lady at my NCS appointment suggested that it would be odd to have an employment history longer than my stay in the UK and so I did. My question really is whether this can be seen as withholding information resulting in refusal of my application? I really hope it's just me being paranoid now!

[Indguru90]

I was wondering if anyone could help me with this:

I'm an EEA national and I have recently send my AN form for naturalisation. I first came to the UK as a student in 2006, stayed a year as a student and then started work for a couple of years until October 2009 when I left the UK, thinking at the time that it would be permanent. However, in January 2011 I had a good job offer from my former employer and so I came back, this time for good. I have been here since then.

I've applied and was issued with a DCPR last year with a date of acquisition of PR January 2016. In my application for DCPR, I was advised to put January 2011 as the date I first came to the UK (disregard the years between 2006-2009).

At my NCS appointment for the AN form, I was also advised to put January 2011 as the date I first came to the country with a view to staying permanently. Now on my employment history question, I've entered only my employment history since 2011. I would also add that I've only been employed (including pre 2009) by the same employer.

The lady at my NCS appointment suggested that it would be odd to have an employment history longer than my stay in the UK and so I did. My question really is whether this can be seen as withholding information resulting in refusal of my application? I really hope it's just me being paranoid now!

You were justified in giving January 2011 as the date of entry on your EEA(PR) form, as your PR application was on the basis of the preceding five years only. The question on form AN is slightly different, and 2006 may have been a more appropriate date or entry for the purposes of naturalisation. However, this is a matter of interpretation.

Question 1.50 of form AN expressly asks for your employment history during the preceding 10 years "or since date of entry if you have been here for less than 10 years". If you had not yet submitted your application, you should have been advised to give your employment history for the entire 10 years, even if you had chosen to keep 2011 as your nominal date of entry. The 10-year info is relevant to the assessment of good character (tax assessment first and foremost). However, things being as they are and given that your application has been waived through by the NCS, you should not face any issues on that ground.
And on the facts there is certainly no issue of withholding material information. Just wait for a decision in a couple of weeks. Best of luck.

[kgouz]

Thank you very much indeed Indguru90.

Do you think it might worth it to write a letter to the HO explaining?

I was really in the same employment before as I am now though, only difference being my salary of course. I've always been on PAYE so all tax due was paid and I never had any other income. So, I haven't got any bad records with HMRC at all, it's just that it hit me yesterday that it may seem that I was trying to hide something that I most certainly wasn't!

[Indguru90]

First, check if your case is still awaiting a decision: https://contact-ukvi.homeoffice.gov.uk/ ... visastatus. If so, you may consider sending an email to nationalityenquiries@homeoffice.gsi.gov.uk, stating your Ref. and outlining the situation.

Technically, your obligation of disclosure continues until a decision has been made, so if you become aware of a mistake, you should normally inform UKVI. In your particular circumstances, since you never switched employers and were always on PAYE, I'd tentatively say you would be ok just waiting for a decision. However, if you'd prefer some peace of mind, then emailing them is the best option. Your email will be pasted into the Case Information Database and will be available to the caseworker at the point of consideration.

[kgouz]

Hello,

I thought I should post an update on my case:

I finally did email the HO as Indguru90 suggested and received an auto-reply message with a list of answers to typical questions and further contact details along with a number to call if my question wasn't on the list. I phoned them to explain my situation and they suggested writing a letter to the Liverpool address which is what I did.

I am not sure if this letter had any bearing on the decision but, roughly 4.5 months after submitting my application, I did receive an invitation to ceremony last week which helped reduce my anxiety levels over this issue quite significantly!

Thanks everyone in this forum for your help: I have been, mostly quietly, following your advice and experiences over these last few months, and, something tells me, will continue to do so!

[uli-pinky]

I thought I would share my experience with a similar matter as well.
I also previously stayed in the UK from 2002 to 2009 but on my EEA PR I used the time since re-entry in June 2011 as my qualifying period.

When filling out the AN form I entered June 2011 as date entered the UK and only mentioned my employers from that date.
After my application, I got worried and sent an email to Citizenship.Support@homeoffice.gsi.gov.uk and detailed that I had previously worked and lived in the UK over the last 10 years.
This email I sent ca 3 weeks after my NCS appointment.

I never received an answer from HO regarding my previous stay but have received my approval earlier this month.