Italian living in in UK since 1997...naturalization?

[arnozzle]

Hi
I am an Italian citizen , been in the uk since age 17, came in 1997 to do my a-levels, then stayed for Uni...then met a british girl and just stayed here ever since.

had many jobs in the past but currently unemployed (trying to start a business)
never ever claimed any benefit, unemployment etc...

am little concerned about the upcoming elections, with the wave of UKIP and Tory anti-eu sentiment I was just thinking maybe its a good idea to naturalize myself...I know I could just marry my GF but neither of us really want to do it at the moment...

Is this something straight forward? do I need to be employed to do this?
Naively I have always lived in the UK not ever worrying about immigration status, haven't kept much paperwork etc...

Is it something I can initiate myself or do I need the help of an immigration lawyer?

thanks for any help

Arnozzle

[milan69]

As EU citizen you will need to prove that you have been exercising treaty rights for 5 years in order to be eligible to apply.
If you have PR and have been living in the UK for the last 5 years than you are fine.

Treaty rights refer to any of the following:-
Employment (including job seeking)
Self-Employment
Study
Economic Self-Sufficiency

Those in study and the economically self-sufficient have to have comprehensive sickness insurance.

[arnozzle]

As EU citizen you will need to prove that you have been exercising treaty rights for 5 years in order to be eligible to apply.
If you have PR and have been living in the UK for the last 5 years than you are fine.

Treaty rights refer to any of the following:-
Employment (including job seeking)
Self-Employment
Study
Economic Self-Sufficiency

Those in study and the economically self-sufficient have to have comprehensive sickness insurance.

Well I have been here since 1997 but I have never applied for any PR or anything like that...should this be my first step?

And what do you mean by sickness insurance? when I am ill I just go to the same gp or a&E I have been going to for 10 yrs...should I have been paying for that? I was never asked for any financial info form the gp/A&E ...I have had a NHS card since I arrived in 1997...

sorry for the maybe silly questions but am a complete newbie to these issues..

[milan69]

You have to options and that is to apply for PR or apply for naturalisation without it.
The difference is that when you have been exercising treaty rights for 5 years continuously you can apply for PR (permanent residence). Without PR you will have to prove that you have been exercising treaty rights for 6 years continuously before you can apply.
In both case you will be required to prove exercising treaty rights and show evidence of being a "qualified person".

[arnozzle]

You have to options and that is to apply for PR or apply for naturalisation without it.
The difference is that when you have been exercising treaty rights for 5 years continuously you can apply for PR (permanent residence). Without PR you will have to prove that you have been exercising treaty rights for 6 years continuously before you can apply.
In both case you will be required to prove exercising treaty rights and show evidence of being a "qualified person".

Sorry but I still don't understand, I have been here close to 18 years...never lived anywhere else since I came in 1997.....so what does it matter if 5 years or 6 years in the country?

And also what about this insurance, I guess at the moment I am 'economically self sufficient' as I am unemployed but not on any benefit so does that mean i'm not supposed to use the NHS?

[milan69]

I am not EU national and all I can say is that you will be asked to prove that you are "qualified person" having exercised treaty rights in the manner the law expects you to.
Your length of residency is not relevant as it is expected of you to be exercising treaty rights for minimum 5 years.
Maybe you should get more familiar about what "exercising treaty rights" mean.

Maybe other members can give more advice on this.

[arnozzle]

I am not EU national and all I can say is that you will be asked to prove that you are "qualified person" having exercised treaty rights in the manner the law expects you to.
Your length of residency is not relevant as it is expected of you to be exercising treaty rights for minimum 5 years.
Maybe you should get more familiar about what "exercising treaty rights" mean.

Maybe other members can give more advice on this.

No worries m8, thanks for trying to help, hopefully will get more answers

[LilyLalilu]

You should have a read of this, which may provide some clarification:

https://www.gov.uk/government/uploads/s ... apter6.pdf

and this: http://www.legislation.gov.uk/uksi/2006/1003/made (Comprehensive sickness insurance (CSI) is mentioned in 4))

I know that they were different regulations in place regarding permanent residence before 2000, where EEA citizens were automatically regarded as settled (no 5 year rule) as long as they were exercising treaty rights, so this may help you...but not sure how exactly this worked and whether you needed to apply for confirmation of your status at the time - maybe seniors can advise on this?

In any case, one can apply for naturalisation one year after holding permanent residence (unless married to a UK national).

[arnozzle]

You should have a read of this, which may provide some clarification:

https://www.gov.uk/government/uploads/s ... apter6.pdf

and this: http://www.legislation.gov.uk/uksi/2006/1003/made (Comprehensive sickness insurance (CSI) is mentioned in 4))

I know that they were different regulations in place regarding permanent residence before 2000, where EEA citizens were automatically regarded as settled (no 5 year rule) as long as they were exercising treaty rights, so this may help you...but not sure how exactly this worked and whether you needed to apply for confirmation of your status at the time - maybe seniors can advise on this?

In any case, one can apply for naturalisation one year after holding permanent residence (unless married to a UK national).

thanks will read the docs u sent

[Froggybinou]

As a EEA Citizen, if you have worked and lived in the UK for for a continuous 6 years (at least) since you arrived in 1997 then you will have excercised Treaty Rights and automatically obtained PR (new law came into force on 30 April 2006). You need to prove it though, P60s are enough.
The other condition is that you have been living in the UK for the past 5 years (which you say you have). You will need to prove that as well though (P60s if you were employed during this time, or if you are unemployed, you will need to prove you lived in the UK another way - bills, rental contract...).
The docs provided in earlier posts will give you more info but it sounds like you are fine.
I am French, been living in the UK since 1998 and submitted my application for citizenship on Tuesday as it happens. My situation is a bit different as I am married to a British Citizen (so only need to prove living here in last 3 years) and I had spent 1 year back in France (2010-11) but they asked for my P60s from 2004-2009 to prove I exercised Treaty Rights back then and therefore obtained PR, so even if you did not do this in past 3/5 years it is fine.
Hope this helps.

[usaroi]

Is it possible for EEA citizen married to UK citizen to achieve PR in three years? I thought I read somewhere that they were still expected to have 5 years residence. Or did that apply only to an Irish citizen?