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Naturalisation - work history

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  • LAWYER RESPONSE Naturalisation - work history

    Hello,
    First, I would like to thank you for all the useful information on UKOCEN website.
    I have a question regarding gaps in my employment - if my application could potentially be refused.
    I am Polish citizen and was granted settle status on 9th October 2019 and would like to apply for Naturalisation on 4th July 2021.
    My 5 years of employment as below:
    1. 4th July 2016 – 29th July 2016 (4 months gap before next employment)
    2. 12th December 2016 – 1st Jan 2017 (1 month unemployment gap)
    3. 6th February 2017 – 15th February 2017 (1 month unemployment gap)
    4. 13th March 2017 – 16 April 2017 (1 month unemployment gap)
    5. 17th May 2017 – 28th February 2019 (1.5 months unemployment gap)
    6. 16th April 2019 – 6th November 2019 (SETTLE STATUS)
    7. 20 February 2020 – current (SETTLE STATUS)
    Should I prove some job searching like interviews invitation emails to cover that unemployment gaps? I have never registered with Job Centre plus when I was unemployed or didn’t receive any benefits. Is the above still EU Lawful Residence?

    Many, many thanks for your help.

    Nanna

  • #2
    Originally posted by Nanna_2021 View Post
    Hello,
    First, I would like to thank you for all the useful information on UKOCEN website.
    I have a question regarding gaps in my employment - if my application could potentially be refused.
    I am Polish citizen and was granted settle status on 9th October 2019 and would like to apply for Naturalisation on 4th July 2021.
    My 5 years of employment as below:
    1. 4th July 2016 – 29th July 2016 (4 months gap before next employment)
    2. 12th December 2016 – 1st Jan 2017 (1 month unemployment gap)
    3. 6th February 2017 – 15th February 2017 (1 month unemployment gap)
    4. 13th March 2017 – 16 April 2017 (1 month unemployment gap)
    5. 17th May 2017 – 28th February 2019 (1.5 months unemployment gap)
    6. 16th April 2019 – 6th November 2019 (SETTLE STATUS)
    7. 20 February 2020 – current (SETTLE STATUS)
    Should I prove some job searching like interviews invitation emails to cover that unemployment gaps? I have never registered with Job Centre plus when I was unemployed or didn’t receive any benefits. Is the above still EU Lawful Residence?
    Afternoon,

    You may want to refer to this post: Unemployment, job seeking and gaps

    ...where you'll see:
    Gaps of exercising treaty rights of up to six months, whether in or out of the country, are fine.

    This is based on the EEA Regulations: The Immigration (European Economic Area) Regulations 2016

    3.—(1) This regulation applies for the purpose of calculating periods of continuous residence in the United Kingdom under these Regulations.
    (2) Continuity of residence is not affected by—
    (a) periods of absence from the United Kingdom which do not exceed six months in total in any year..
    If you have been job hunting during this time, this is also a way of exercising treaty rights.

    Once you have worked in the UK, you retain worker status for at least six months, it can be longer, depending on the circumstances.

    The Immigration (European Economic Area) Regulations 2016

    (2) A person who is no longer working must continue to be treated as a worker provided that the person—
    (a) is temporarily unable to work as the result of an illness or accident;
    (b) is in duly recorded involuntary unemployment after having been employed in the United Kingdom for at least one year, provided the person—
    (i) has registered as a jobseeker with the relevant employment office; and
    (ii) satisfies conditions A and B;
    (c) is in duly recorded involuntary unemployment after having been employed in the United Kingdom for less than one year, provided the person—
    (i) has registered as a jobseeker with the relevant employment office; and
    (ii) satisfies conditions A and B;
    (d) is involuntarily unemployed and has embarked on vocational training; or
    (e) has voluntarily ceased working and has embarked on vocational training that is related to the person’s previous employment.
    (3) A person to whom paragraph (2)(c) applies may only retain worker status for a maximum of six months.


    (5) Condition A is that the person—
    (a) entered the United Kingdom in order to seek employment; or
    (b)is present in the United Kingdom seeking employment, immediately after enjoying a right to reside under sub-paragraphs (b) to (e) of the definition of qualified person in paragraph (1) (disregarding any period during which worker status was retained pursuant to paragraph (2)(b) or (c)).

    (6) Condition B is that the person provides evidence of seeking employment and having a genuine chance of being engaged.
    How to prove job seeking

    The Home Office guidance states the following:

    Please provide one of the following:
    • evidence of registration as a jobseeker with Jobcentre Plus, the Jobs and Benefits Office or Social Security Office (such as a letter from the relevant office and/or proof of receipt of relevant benefits)
    • proof of registration with a recruitment agency.
    • evidence of job-seeking (please provide at least 2 pieces of evidence which should cover the period you were looking for work), such as:
      • copies of recent job applications
      • rejection letters from employers
      • invitations to job interviews.
    If you are/your sponsor is still looking for work, please provide one of the following:
    • evidence of relevant professional, vocational or academic qualifications, or relevant work experience
    • evidence of any training you are/your sponsor is doing or has done to improve your/their chances of finding work.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      We have put together the following resources which should be your starting point.Also refer to this post: Issues, mistakes, errors and ommisions

      ....and, before going further, you should also be aware of the potential impact on family members you may wish to sponsor in the future.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        Many thanks for your response! It is very helpful.

        I have a last question about: „ (a) periods of absence from the United Kingdom which do not exceed six months in total in any year..”

        Do they mean a calemdar year? So 1st Jan -31st Dec 2016? Or 1 year from the date I have chosen my qualifying period- so from 4th July 2016?

        Many thanks,

        Nanna

        Comment


        • #5
          Originally posted by Nanna_2021 View Post
          Many thanks for your response! It is very helpful.

          I have a last question about: „ (a) periods of absence from the United Kingdom which do not exceed six months in total in any year..”

          Do they mean a calemdar year? So 1st Jan -31st Dec 2016? Or 1 year from the date I have chosen my qualifying period- so from 4th July 2016?
          Afternoon,

          No, not calendar years, it can be ANY period. From what you say above, you haven't got any gaps over 6 months.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            Hi, thank you for all the work you do here. I hope I am not asking a question that has been already answered before and I've just missed it.

            I would like to apply for naturalisation in July 2021, also I was granted settle status in October 2019. I am EU citizen.

            My work contract has finished in February 2021 and I still don't have a job. I would like to apply for JSA (benefits) this month (May 2021).

            Will this have any impact on my naturalisation application?

            Many, many thanks for your help!

            Nanna

            Comment


            • #7
              Originally posted by Nanna_2021 View Post
              Hi, thank you for all the work you do here. I hope I am not asking a question that has been already answered before and I've just missed it.
              Morning,

              I've moved your new post to your previous thread where we have some background regarding your application.

              Originally posted by Nanna_2021 View Post
              I would like to apply for naturalisation in July 2021, also I was granted settle status in October 2019. I am EU citizen.

              My work contract has finished in February 2021 and I still don't have a job. I would like to apply for JSA (benefits) this month (May 2021).

              Will this have any impact on my naturalisation application?
              The short answer is: NO, there aren't even any questions about benefits on the AN form, this is a common misconception.

              The long answer is: the requirement is to have been "lawfully resident" over the last 5 years, and, once you have been granted settled status, or even pre-settled, you are lawfully resident under that status and no longer need to meet the treaty rights criteria under EU rules, so it doesn't matter whether you work, study, etc. Having said that, and just for the record and for the benefit of others who may read this, it is also possible to have been lawfully resident under EU rules while claiming unemployment benefits, as you'd normally retain worker status for at leat 6 months, but this is of no consequence after getting EUSS status.

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

              Comment


              • #8
                Many many thanks for your help!

                Comment


                • #9
                  Dear Ukcen,

                  I would like to apply for naturalisation and I have a question regarding the Good Character requirement.

                  Just to quickly describe my situation:

                  In 2014 I took my brother’s Oyster card (as they all look the same without a photo on it) and during the ticket inspection I was informed that the card is with a 50% discount and he asked me for my ID. I wasn’t aware that my brother was looking for work and got this card as a part of JSA.
                  Instead of penalty, I received Magistrate Court requisition via post from TFL policing as it was looking like a benefit fraud.
                  Finally, they decided to settle out of court if I pay a fine instead and I did.

                  I would like to add that I have no other fines, parking tickets etc. I have also submitted a subject request to ACRO and waiting for information held.

                  Is this something that I should disclose in my application? If yes, which point should I mark on the naturalisation application? Should I just say I was fined for not having a valid ticket?

                  Many, many thanks for your help!

                  Nanna

                  Comment


                  • #10
                    Originally posted by Nanna_2021 View Post
                    Dear Ukcen,

                    I would like to apply for naturalisation and I have a question regarding the Good Character requirement.

                    Just to quickly describe my situation:

                    In 2014 I took my brother’s Oyster card (as they all look the same without a photo on it) and during the ticket inspection I was informed that the card is with a 50% discount and he asked me for my ID. I wasn’t aware that my brother was looking for work and got this card as a part of JSA.
                    Instead of penalty, I received Magistrate Court requisition via post from TFL policing as it was looking like a benefit fraud.
                    Finally, they decided to settle out of court if I pay a fine instead and I did.

                    I would like to add that I have no other fines, parking tickets etc. I have also submitted a subject request to ACRO and waiting for information held.

                    Is this something that I should disclose in my application? If yes, which point should I mark on the naturalisation application? Should I just say I was fined for not having a valid ticket?

                    Many, many thanks for your help!

                    Nanna
                    Afternoon,

                    First of all, to clarify, this wouldn't be considered as benefit fraud, since that refers to a benefits claimant, providing false information or failing to disclose a change in circumstances, etc. such as when people are working or living with a partner and fail to report this to the DWP. Benefit fraud is quite a serious offence, but since you were not the claimant to start with, this wouldn't be benefit fraud in any way, shape or form. I'm assuming they suspected you of deliberately trying to travel at a discount using someone else's card, which is why they refereed it to the Magistrates Court. Still an offence if that had been the case, but not quite the same as benefit fraud.

                    P.S. I've moved this post to your existing thread as it refers to the same application.

                    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                    Comment


                    • #11
                      Gabriella B (lawyer) Would you be able to comment on this?

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                      Comment


                      • #12
                        It should be disclosed, it does not really matter where on the form, as long as you explain and provide details of what happened.

                        I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

                        Comment


                        • #13
                          Many thanks Gabriella,

                          I have just found some documents regarding this case:


                          1. Alleged offence: Being a passenger on Public Service Vehicle operated on behalf of London Services being used for the carriage of passengers at separate fares, did use in relation to the journey you were taking a ticket which had been issued for use by another person on terms that it is not transferable. Contrary to Regulation 71B of the Public Service Vehicles ( conduct Drivers, Inspectors, Conductors & Passengers) Regulations 1990 SI No. 1020 and contrary to Section 25(c) of the Public Passenger Vechicles Act. 1981.

                          2. I got a letter TFL confirming that: The case against me was withdrawn in court and there will be no record held against me with regard to this matter.

                          Should I disclose this as a penalty received from TFL? Or I should describe the whole situation in the OTHER section?

                          Can this be a basis to reject my application?

                          Many thanks in advance,

                          Comment


                          • #14
                            Originally posted by Nanna_2021 View Post
                            Many thanks Gabriella,

                            I have just found some documents regarding this case:


                            1. Alleged offence: Being a passenger on Public Service Vehicle operated on behalf of London Services being used for the carriage of passengers at separate fares, did use in relation to the journey you were taking a ticket which had been issued for use by another person on terms that it is not transferable. Contrary to Regulation 71B of the Public Service Vehicles ( conduct Drivers, Inspectors, Conductors & Passengers) Regulations 1990 SI No. 1020 and contrary to Section 25(c) of the Public Passenger Vechicles Act. 1981.

                            2. I got a letter TFL confirming that: The case against me was withdrawn in court and there will be no record held against me with regard to this matter.

                            Should I disclose this as a penalty received from TFL? Or I should describe the whole situation in the OTHER section?

                            Can this be a basis to reject my application?

                            Many thanks in advance,
                            Gabriella B

                            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                            Comment


                            • #15
                              I think other would be best. There was no action against you, so probably it's not even necessary to disclose it, but I always prefer to disclose and give an explanation of what happened.

                              I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

                              Comment

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