Suggestion Evidence of residence

[Mr Pink]

Hello all and thank you for the very useful information that I have found so far.

I would like to ask for some guidance on the "I would like to ask for some advice on providing the "documentary evidence that indicates presence in the UK during the relevant 5 years" (in my case) before I look into any paid advice (if needed). I will post below some info about me as they might help in providing an answer to my case.

I am a EU citizen with an indefinite leave to remain and I have been living in the UK for tle last 12 years. I have been an homeowner since 2013 and I have been letting the property through assured shorthold tenancy (AST) which most of the time allowed me to pay for my expenses. At the same time I use the money to rent a property with my partner and a friend of ours.

My problem is that I have some employment history, but not continuative, accounting only for part of 2017 and part of 2019, for which I can provide payslips and P60. Then ever since Covid-19 it has been hard to find any job for me and I am currently unemployed. I have studied in the UK full time for a Masters degree at the Univeristy (for which I can provide proof) but that covers only a short part of thie remaining period. I have registered a company to my name in 2018, of which I am still the director. Unfortunately I never thought of making myself employed as ultimately was so small that I was not making enough money (is a social enterprise) and I was not thinking of making for a while given its nature, let alone pay me a salary. Of course I have been in the UK for the last 12 years, and in the last 5 years my travels meet the application criteria. Unfortunately, to my understanding, I will not be able to provide the type of proof needed as tenecy agreements, council taxes and many other documents will not be considered. However, I was advised that combining all these documents together with all the documents I have listed above and a document explaining my situation, my application could still be accepted as a strong enough case?

I understand you will not be able to say for sure but what would you suggest me to do in my situation to prove my presence in the UK?

Of course before payng the £1300 and more, I would like to make sure that I can obtain citizenship. Any advice would be much appreciated.

Thank you very much

[Site Admin]

Morning,

You may want to refer to the following resources which are the starting point for citizenship applications:

• Step-by-step guide
• When can I apply for citizenship?
• Issues, mistakes, errors and ommisions
• Lawful residence for applicants relying on settled status

If you are an EEA national, you may also want to consider the potential impact of becoming British if you wish to sponsor family members in the future: Impact on family members

[Site Admin]

Hello all and thank you for the very useful information that I have found so far.

I would like to ask for some guidance on the "I would like to ask for some advice on providing the "documentary evidence that indicates presence in the UK during the relevant 5 years" (in my case) before I look into any paid advice (if needed). I will post below some info about me as they might help in providing an answer to my case.

I am a EU citizen with an indefinite leave to remain and I have been living in the UK for tle last 12 years. I have been an homeowner since 2013 and I have been letting the property through assured shorthold tenancy (AST) which most of the time allowed me to pay for my expenses. At the same time I use the money to rent a property with my partner and a friend of ours.

My problem is that I have some employment history, but not continuative, accounting only for part of 2017 and part of 2019, for which I can provide payslips and P60. Then ever since Covid-19 it has been hard to find any job for me and I am currently unemployed. I have studied in the UK full time for a Masters degree at the Univeristy (for which I can provide proof) but that covers only a short part of thie remaining period. I have registered a company to my name in 2018, of which I am still the director. Unfortunately I never thought of making myself employed as ultimately was so small that I was not making enough money (is a social enterprise) and I was not thinking of making for a while given its nature, let alone pay me a salary. Of course I have been in the UK for the last 12 years, and in the last 5 years my travels meet the application criteria. Unfortunately, to my understanding, I will not be able to provide the type of proof needed as tenecy agreements, council taxes and many other documents will not be considered. However, I was advised that combining all these documents together with all the documents I have listed above and a document explaining my situation, my application could still be accepted as a strong enough case?

There are two separate requirements to look at: evidence of residence, as in living in the UK, and "lawful residence", which would mean satisfying the criteria under EU rules to be regarded as a "qualified person" or have acquired PR status automatically, before you obtained settled or pre-settled status. From what you say above, it's not at all clear to me whether you would satisfy this requirement, so I'd suggest taking a look at this post: Lawful residence for applicants relying on settled status

...where you'll see:

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Treaty rights and lawful residence for applicants relying on settled status


Applicants relying on settled status to apply for citizenship may be asked to show that they were exercising treaty rights, or that they were family members of those who were exercising treaty rights, in the period leading up to their being granted settled status.

Page 30 of the Nationality Policy says:

You must assess whether the individual has been here lawfully during their 3 or 5 year residential period prior to pre-settled status or settled status, by considering on the balance of probabilities whether they were here:

• as a qualified person (such as a worker, student, self-employed, self-sufficient, retired or incapacitated person)
• as the family member of such a person.

Lawful residence after obtaining settled or pre-settled status

Once you have been granted pre-settled or settled status, you would be lawfully resident in the UK under that status.

There is no longer a requirement to exercise treaty rights, nor have CSI cover for any periods of studies or self-sufficiency, since these are not requirements under the EUSS.

That means applicants who did not meet the criteria of being "lawfully resident" under EU rules before being granted pre-settled or settled status, can apply for citizenship 3 or 5 years after being granted pre-settled or settled status, depending on whether they are married to a British spouse or not.

[Site Admin]

I understand you will not be able to say for sure but what would you suggest me to do in my situation to prove my presence in the UK?

Of course before payng the £1300 and more, I would like to make sure that I can obtain citizenship. Any advice would be much appreciated.

You need to look at the above, as it's not just a matter of showing presence in the UK. That side of things has been covered here: Evidence of residence

...where we have:

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• Documentary evidence that indicates presence in the UK during the relevant 3 or 5 years. This can be in the form of letters from employers, educational establishments or other Government Departments. A sample of these documents, at least one from each of the 3 or 5 years, should be submitted.
• Continued presence in the country can be shown by enclosing lists of attended appointments from GPs, dentists, physiotherapists, dental hygienists and hospital consultants (i.e. hospital appointments).
• Your children's school attendance records and letters confirming you drop them off and pick them up.
• Bank and credit card statements showing physical transactions made in the UK.
• A P60 from an employer would be equivalent to a letter from an employer and Government Department letters could include letters you have received from the DWP, HMRC, DVLA, or any other Government Department.

Although the Home Office prefers official documents from government departments, if you are unable to provide them, or the other items on the list above, you can send anything that has your name, address and a date on it.

You may want to explain in your cover letter and/or additional information section of the form, why you are unable to provide their preferred evidence.

There is no requirement to provide proof of address, just list your addresses over the last 5 years in the relevant section of the AN form. You need to provide evidence of residence, but not at a specific address.

[Mr Pink]

Thank you very much, I am still getting familiar with the website. Sorry for the late reply.

[Site Admin]

Thank you very much, I am still getting familiar with the website. Sorry for the late reply.

Morning,

No worries, it was Christmas, hope you had a great time!