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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi there, hoping you can provide some guidance on the information

Customer Question

Hi there, hoping you can provide some guidance on the information needed to prove residency in the UK for the purposes of a MN1 3(2) application.
Facts:
- My father (since deceased) was born in England.
- I was born in Australia but hold a UK passport by descent.
- I have two children (2 & 4) who I would like to register under 3(2).
- I lived in the UK between 1996 and 1999 - which I believe ticks the three year requirement.
- The children were born in Australia and have never entered UK.
I believe this would make them eligible for a 3(2) application to become registered but my concern is about the evidence required to prove residency. This was nearly 20 years ago and I have had trouble finding much evidence. So far all I have is:
- An old UK passport which shows some comings and goings in other countries but not in the UK. Doesnt appear my passport was stamped in those days. The passport does have an Indian visa issued in London though.
- Some job reference letters from a couple of employers.
- An old National Insurance Card and Bank Debit Card.
- Some photos really which dont show much.
My question is how tough/lenient are they on this side of the evidence and whether the above is sufficient.
Also if you offer a service to help pull the paperwork together and lodge etc.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
It sounds a little bit thin at the moment to be honest. They are eligible on the facts that you have stated but, as you say, you do have to prove this.
If you have racked your brains and cannot think of any more documentary information which substantiates your time in the UK then the best way forward would be to attempt to apply using statutory declarations. These are sworn statements executed under law by the person making the declaration.
You will have to execute one and also perhaps get others to as well if they are aware of the time you spent in the UK. This would probably be your mother (if alive) and possibly any other persons who were in the UK at the time and can speak to your time there. They should be people who were actually aware of your time in the UK.
I would strongly consider instructing a UK practising solicitor in immigration law to prepare the statutory declarations for you after you have thought of who would be best to swear supporting declarations to send with your application.
I would consider whether you have a national insurance number from your time in the UK and submit this as well, presumably HMRC will have tax records of your income tax and national insurance contributions which will support your application too.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Thanks for getting back to me. Sounds like some sort of statutory declaration would be the best way to proceed.

I have found four signed and dated employer references from the period, although there is a gap in the middle where I was working for cash and some travelling etc.

What sort of evidence do people normally supply with such applications?

I have a concern with the stat dec approach - I am working a timeline of the dates of when i left the country and returned etc but the dates are a bit of a guesstimate as I don't have exact records. I am worried that if i sign a stat dec saying i was in the country these days and that, is there a chance they obtain immigration control records which have different dates and hence the stat dec is wrong? There were some trips to France for a few days here and there for instance that I would have no idea on the dates....

Expert:  Thomas replied 2 years ago.
Hi,
To be honest, quite a lot of applications proceed on the basis of statutory declarations if the period which is be relied upon is long ago.
It would generally be old tenancy agreements, school records, employment documents, tax records, things like that.
The statutory declaration can state that the dates are to the best of your recollections but that there may be tolerance of error given the nature of memory. The important things is that you are able to say for certain that you were not absent for more than 270 days within the particular 3 year period.
Kind regards,
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Do you know if they access passport control records?

Expert:  Thomas replied 2 years ago.
Hi,

I'm afraid I'm not sure on that one with any certainty..

Tom

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