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Topic: Questions on my citizenship application  (Read 896 times)

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Questions on my citizenship application
« on: October 04, 2008, 12:55:35 PM »
Thought I would compile a list as I go through the applcation:

1.   Spouse name change – The application says “If your partner has ever been known by any name or names apart from those mentioned above – please give details here”. There is a small box to fill in. My husband’s surname has changed twice (so he has been known under three surnames in his life.)  His mother remarried as a baby; his stepfather adopted him and his surname was changed to his stepfather’s. Later, when he was an adult, my husband voluntarily changed his surname by deedpoll. This is the name that is on his passport and our marriage certificate.  What do I put in the little box? There is barely room to fit both names in, if I write very small, without an explanation.  The guidance asks you when you started to be known by these names, but he is no longer known by them. Do I give the dates he stopped being known by them as well?  Should I just write his 2 previous  names under “other names” and “See Page 13” and explain the situation on Page 13 – Information Not Included in Other Sections? Do I have to provide the supporting documents – adoption papers and deed poll?

2.   Date of first arrival in the UK – I entered the UK on my fiance visa for the first time on 12 Feb 2005. However, I only stayed for a week to give notice of intention to marry, then returned to the US. I continued to live and work in the US until  I left to live in the UK pemanently on 6 Apil 2005, arriving on 7 April.  I know that technically I arrived as a resident for the first time in February. However, I told HMRC that I arrived on 7 April, which conveniently coincided with the beginning of the 2005-2006  tax year. So what do I put as my date of arrival? If I say February, does that mean that I can get in trouble for lying to HMRC? The guidance says “enter the date you first arrived with a vieew to staying in the UK on a long-term basis.” That isn’t clear. When I entered in February I knew that I was going to move over permanently, but I wasn’t staying on a long-term basis at the moment (I only stayed a week.)

3.   Name change – another HMRC related question.  My US passport and the stamps in it are under my maiden name. I am applying for citizenship under my maiden name.  However, HMRC know me under my married name. As long as I show my NI number and put my married name in the box for other names, will it be easy enough for my tax records to be checked? Or do I need to mention somewhere that HMRC knows me under my married name?  And related to question 1, what am I  supposed to put in the “other names” box besides my married name itself?  Do I just put my married name, and then write “married name” after it in parentheses, and the date I got married? Do I note that I still use this name currently, as I am known under both mariried and maiden names for different things?

4.   Referee section – There is no difference between what the non-professional standing referee and the professional standing referee have to fill out.  Where does the professional standing referee show that they have professional standing, other than by stating their occupation. My professional standing referee is a teacher. Will he be contacted and asked about his qualifications or does he need to supply further information with the application? I have no idea what his qualifiations are, knowing nothing about the teaching profession, but I am sure he has whatever he needs to teach his students.


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Re: Questions on my citizenship application
« Reply #1 on: October 05, 2008, 08:56:14 AM »
Q2 You put the Feb date in as you only went back for just over a 8 weeks, you can list the date and put down tying up loose ends/holiday and you should get those weeks counted when it comes to Citizenship.

Good luck

We are going for mine soon I came over October 2005 and am applying November 08.

Indy


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Re: Questions on my citizenship application
« Reply #2 on: October 05, 2008, 09:01:22 AM »
Q2 You put the Feb date in as you only went back for just over a 8 weeks, you can list the date and put down tying up loose ends/holiday and you should get those weeks counted when it comes to Citizenship.




Thanks. I am not worried about the amount of time I spent out of the country; I am way below the limit. I am concerned that my tax records say I arrived in April so there is conflicting information.


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Re: Questions on my citizenship application
« Reply #3 on: October 05, 2008, 07:58:14 PM »
Tax for work in the UK? Well you point out you did not start work immediately you moved over that is that really, you entered Feb so thats ok also.

Indy


Re: Questions on my citizenship application
« Reply #4 on: October 05, 2008, 10:11:01 PM »
Sweetpeach, if you were in the UK on your 'start date', i.e., exactly three years before they receive your application, that's all that matters.

What the tax records say, what other visas say about when you arrived, are all irrelevant.  All they care about is if you were here on your 'start date', in the way that they define 'start date'.  That's it.


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Re: Questions on my citizenship application
« Reply #5 on: October 06, 2008, 06:21:14 AM »
Sweetpeach, if you were in the UK on your 'start date', i.e., exactly three years before they receive your application, that's all that matters.

What the tax records say, what other visas say about when you arrived, are all irrelevant.  All they care about is if you were here on your 'start date', in the way that they define 'start date'.  That's it.

Excellent. But the application does specifically ask for the date I arrived in the UK. I have told pretty much everyone not immigration related (HMRC, the local authority for inclusion on the council housing list, etc.) that I arrived in April. So do I say February or April? When they check that you pay taxes, what do they check? Do they just see that HMRC has your NI number on record?


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Re: Questions on my citizenship application
« Reply #6 on: October 06, 2008, 11:04:21 AM »
Why did you tell everyone the wrong date?

Vicky


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Re: Questions on my citizenship application
« Reply #7 on: October 06, 2008, 11:29:38 AM »
Because I hadn't actually moved in until April. I just used the fiance visa so I could give notice at the register office. This was after they had just changed the rule so that if you were getting married on a fiance visa, you had to go to one of a listed register offices where they checked your immigration status. 

Even though I entered on a fiance visa on February, I've always treated my time in the UK in February as a visit when communicating with everyone not connected with immigration, since I was only there a week, had not moved in, and spent almost two months after living and working in the US. My US tax returns also state that I abandoned residence in the US in April, as I was working and paying taxes, and maintained a home in the US until then. I considered myself resident in the US in February and March, not in the UK.

In addition, as indy has stated, I had no UK income at that time, so there was no tax avoidance issue.
« Last Edit: October 06, 2008, 11:32:03 AM by sweetpeach »


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Re: Questions on my citizenship application
« Reply #8 on: October 06, 2008, 11:39:15 AM »
From what you have said, you shouldn't then apply for citizenship until 7th April.


Vicky


Re: Questions on my citizenship application
« Reply #9 on: October 06, 2008, 11:44:58 AM »
Sweetpeach, the form needs you to put down your arrival date.  That was Feb, not April.  If you only arrived to do the formalities at the Registry Office and left again, it's still your date of arrival. 

If you contrived a different date with HMRC in order to exploit a tax strategy, that's an issue between you and HMRC.


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Re: Questions on my citizenship application
« Reply #10 on: October 06, 2008, 11:54:23 AM »
Sweetpeach, the form needs you to put down your arrival date.  That was Feb, not April.  If you only arrived to do the formalities at the Registry Office and left again, it's still your date of arrival. 

If you contrived a different date with HMRC in order to exploit a tax strategy, that's an issue between you and HMRC.

Thanks. That's all I needed to know. February it is.


Re: Questions on my citizenship application
« Reply #11 on: October 06, 2008, 11:58:56 AM »
Friendly tip:  because your arrival date was followed by an absense from the UK, you need to be really careful that they don't fix your start date in that period.  So be careful.

For those following this thread, take note that for nationality purposes: 
arrival date != start date

It's slightly counterintuitive


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Re: Questions on my citizenship application
« Reply #12 on: October 06, 2008, 01:45:59 PM »
Friendly tip:  because your arrival date was followed by an absense from the UK, you need to be really careful that they don't fix your start date in that period.  So be careful.

For those following this thread, take note that for nationality purposes: 
arrival date != start date

It's slightly counterintuitive

Huh?

I thought your start date was three years before your application was received (if applying for citizenship through marriage) which for me would be sometime in October 2005, assuming I get the application done by the end of this month. I never left the UK between April 2005 and August 2008. How is this related to your date of arrival, if you didn't apply for citizenship immediately upon becoming eligible (I could have applied in February but waited till October.)

ETA: Vicky seems to be saying that my arrival date is April. Which is it? I'm inclined to think it's February, to match what it says on my passport.

 Also,  I want to clarify that I arrived in the UK in 2005. As it is now October 2008, whichever date I use February or April, I have been in the UK for more than three years so I should be eligible for citizenship by now.



« Last Edit: October 06, 2008, 01:51:53 PM by sweetpeach »


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Re: Questions on my citizenship application
« Reply #13 on: October 06, 2008, 01:59:43 PM »
You said in a different post that you did not come to settle in February, but was just on a holiday.  So I have said that this should not be the date of settlement, as you clearly don't believe that this was...well..the date of settlement.

Pick a date.  Stick to it.  It won't matter.

Vicky


Re: Questions on my citizenship application
« Reply #14 on: October 06, 2008, 02:02:22 PM »
I never left the UK between April 2005 and August 2008. How is this related to your date of arrival, if you didn't apply for citizenship immediately upon becoming eligible (I could have applied in February but waited till October.)

That means you're ok.

Please pay attention to the thread, sweetpeach.   :-*


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