EEA citizen just need to be present for 5 years or to work?

[Kaba]

Hi there,

I have been going through all the post and I understood that before somebody applies for the British naturalisation, you need to be present in the UK for 5 years (for EEA citizens). I also understood that it doesn't matter if you are working, studying or claiming benefits as long as you hold an EEA passport before you apply for the British naturalisation.

Can you guys please confirm if what I am saying above is true? I wouldn't like to throw £1005 in the bin

Thanks

[askmeplz82]

5 years exercising treaty right ( Work, student etc ) . if you stay at home doing nothing then you can't apply for BC

[badratio]

Q5: I'm a EEA national/family member of EEA national. When can I apply for naturalisation?

Under EEA regulations, Permanent Residence status is obtained automatically after 5 years of exercising treaty rights. You need to hold PR status for 1 year to be eligible for naturalisation (unless you are married to a BC) so effectively you can apply after 6 years of residence in the UK. Having a PR Confirmation (following EEA3/EEA4 application) is optional and is not required in order to apply for naturalisation.

You have two options:

1. Apply after 6 years in the UK. This includes 5 years of exercising treaty rights + 1 year with PR. You will need to provide proof of the 5 years (similar to what is needed in EEA3/EEA4 application). Form AN has a specific section (Q2.4-2.6) for such application.
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required.

If you hold a PR Confirmation for less than 1 year but have lived in the UK for 6 years, you can apply using option (1). The PR confirmation can only be used if you apply 1 year after the issue date. The reason is that the PR Confirmation only contains one date - issue date. It doesn't state when the PR status was actually acquired. If you want to use a PR date prior to the issue date, you will need to provide treaty rights proof to prove it.

Q6: I'm an EEA national from A8 country. I never registered with WRS and the scheme has been abolished in 2011. Can I still apply for naturalisation?

Under EEA regulations, EEA nationals from the new joiners in 2004 (the A8 countries) were required to register with the HO within 30 days of starting employment (there were exemptions in certain cases). This scheme was abolished in April 2011. It was the responsibility of the employee to register.

If you never registered, then your employment years can't be counted as lawful under the EEA regulations and will not lead to PR and British citizenship. This means that your 5 years for PR (and 6 years for BC) started in May 2011 (when the scheme was closed). You should be able to apply for naturalisation in 2017.

http://www.immigrationboards.com/britis ... 95747.html

[pistike]

Hi,

What is the situation if an EEA(A8) citizen has been living and working in the UK for more than 6 years which made him/her eligible to apply for citizenship, but received Working Tax Credit for a short period (1year out of 6) in the meantime? Will this affect the naturalisation process?

Thanks

pistike

[Julian11]

pistike: No it won't - you can go ahead and apply!

[pistike]

pistike: No it won't - you can go ahead and apply!

Thanks for your response.

Regards
pistike

[Kaba]

Thanks for your reply,

So assuming that I am an EEA national with 1 year studying, 6 months looking for a job and receiving benefits, and 3.5 years working, do you think I am entitled to apply for British naturalisation? Or because I was claiming benefits it was uining my treaty rights?

Regarda

[Kaba]

Sorry I am just asking in detail because my question hasn't been answered Thanks for copy pasting the most common questions asked, but I just need to confirm if when I was receiving benefits after my studies, I was still a 'qualified person' .

Thanks

[badratio]

Thanks for your reply,

So assuming that I am an EEA national with 1 year studying, 6 months looking for a job and receiving benefits, and 3.5 years working, do you think I am entitled to apply for British naturalisation? Or because I was claiming benefits it was uining my treaty rights?

Regarda

Did you have a private medical insurance or an EHIC card issued by your home country while studying?

Can you prove that you were looking for work while on benefits? (emails, rejections, interview invitations)

[Kaba]

Yes.

[noajthan]

Yes.

Do you mean "Yes" to both:
holding CSI whilst studying
AND
proof of job-seeking as a qualified person

- then you may be good to go with 5 years of exercising treaty rights under your belt and automatic PR.
Congratulations.

However if from an A8 EEA country ( ), were you in UK and working before WRS was abolished.
if so did you register on WRS to regularise your work

[Julian11]

You should be fine then, but I would set it all out really clearly, and with very clear evidence, as to how you met each treaty rights exercise type and over which time period, and which documents you are providing to prove it.

[Kaba]

nojathan it is a Yes to both

Thanks guys, I feel more comfortable now to make the application.

Just a last question, would it be to much writing also a cover letter explaining things?

[noajthan]

nojathan it is a Yes to both

Thanks guys, I feel more comfortable now to make the application.

Just a last question, would it be to much writing also a cover letter explaining things?

A covering letter (or a piece in the Further Information section of the form) would be optional.

I tend to submit them if anything is unclear, cross-referencing relevant section/s in the form.
It may help to persuade a faceless official in HO that you are a real person.

Best of luck.

[Kaba]

Thanks