Exercising treaty rights as EEA national without PR

[alex1111]

Hi there,

I am currently in the process of applying for naturalisation as a BC - on the surface the forms and guidance look straight forward, but after receiving some feedback from a couple of friends who have gone down this path, I realise that there are some murkier bits I need to be careful about before proceeding. I would appreciate any guidance on the following:-

I am an EEA national (23 years old) who has lived in the UK continuously for over 14 years (I also lived in the UK before this, from the age of 2 until the age of 7 or so). I went through primary, secondary and A Levels here before graduating with a BA in 2013. Since then I have been employed full-time as a civil servant.

My questions revolve around showing I have exercised treaty rights for the previous 6 years... I have never applied for certification proving I have PR, which I understand would massively simplify the application (is this right?).

The time period in question is when I was a student at University from September 2010 to July 2013... I held a number of part-time jobs over this time, but none of the contracts were continuous over the whole period of my study, which means (as a I understand it) I must show I was exercising treaty rights as a STUDENT for some of this time.

I understand this means I must prove I had "comprehensive medical insurance" to cover my stay. Obviously this is a ridiculous requirement: why on earth would I have comp medical insurance?? I live in the UK permanently and have done so for the vast majority of my life, my healthcare is wholly covered by the NHS and I even have a UK-issued EHIC card!!

So how do I get round this issue? Why does a UK-issued EHIC card not prove this? Or does it?

PS: I cannot forget the student bit and show I was living with parents as the one living in the UK was unemployed at the time - I imagine even more difficult to show exercising Treaty rights.

These requirements seem outdated and quite ridiculous.

Any help would be much appreciated.

[mavdi]

Getting BC with PR is easier because getting the PR itself is difficult. My wife got rejected once, and only received hers after we hired some expensive lawyers.

The comprehensive medical insurance is indeed a requirement which is obviously just there as "gotcha" for unsuspecting applicants like you and my wife. Luckily in our case, our solicitors successfully argued that the NHS should be counted as her comprehensive medical insurance because she had every right to use it.

[alex1111]

Thanks for your quick response.

I am considering going down the legal route also as it seems that is the only way to get through what should be a simple process for people like me who have been lived here for a very very long time...

Do you have any recommendations on where to go for this?

Thanks!

[LilyLalilu]

Were your EEA national parents with you when you stayed in the UK as a minor?
If so, you may want to check whether you have acquired PR as their dependant. For this, they would need to have exercised treaty rights for a continuous period of five years whilst you were their dependant and living in the UK.

As your case seems a bit more complex, you should definitely apply for Confirmation of PR before applying for citizenship; not too much money at stake and you also have the right to appeal if there is a negative outcome.

[pinkicicles]

Hi there,

I am currently in the process of applying for naturalisation as a BC - on the surface the forms and guidance look straight forward, but after receiving some feedback from a couple of friends who have gone down this path, I realise that there are some murkier bits I need to be careful about before proceeding. I would appreciate any guidance on the following:-

I am an EEA national (23 years old) who has lived in the UK continuously for over 14 years (I also lived in the UK before this, from the age of 2 until the age of 7 or so). I went through primary, secondary and A Levels here before graduating with a BA in 2013. Since then I have been employed full-time as a civil servant.

My questions revolve around showing I have exercised treaty rights for the previous 6 years... I have never applied for certification proving I have PR, which I understand would massively simplify the application (is this right?).

The time period in question is when I was a student at University from September 2010 to July 2013... I held a number of part-time jobs over this time, but none of the contracts were continuous over the whole period of my study, which means (as a I understand it) I must show I was exercising treaty rights as a STUDENT for some of this time.

I understand this means I must prove I had "comprehensive medical insurance" to cover my stay. Obviously this is a ridiculous requirement: why on earth would I have comp medical insurance?? I live in the UK permanently and have done so for the vast majority of my life, my healthcare is wholly covered by the NHS and I even have a UK-issued EHIC card!!

So how do I get round this issue? Why does a UK-issued EHIC card not prove this? Or does it?

PS: I cannot forget the student bit and show I was living with parents as the one living in the UK was unemployed at the time - I imagine even more difficult to show exercising Treaty rights.

These requirements seem outdated and quite ridiculous.

Any help would be much appreciated.

Hello, I'm in the exact same situation as you right now. I'm a national of EEA and have moved to the UK since 2001. I have studied primary, secondary, bachelors and masters degrees in UK. My healthcare has always been covered by the NHS and the government never made any official announcements to say I have to have medical insurance once I reach the age 18 if I'm still studying as a student.

I just want to ask if there's any luck with your application?

Your response will be much appreciated.

[pinkicicles]

Getting BC with PR is easier because getting the PR itself is difficult. My wife got rejected once, and only received hers after we hired some expensive lawyers.

The comprehensive medical insurance is indeed a requirement which is obviously just there as "gotcha" for unsuspecting applicants like you and my wife. Luckily in our case, our solicitors successfully argued that the NHS should be counted as her comprehensive medical insurance because she had every right to use it.

Hello, may I ask how long did it take for the Home Office to grant you BC after you have hired your solicitor? And which firm did you hire your solicitor from?

Your response will be much appreciated.

[Gomjaba]

Just want to throw in my own opinion regarding BC without PR. This is currently my route. People argue BC is quicker with PR. But it's it?

Based on forum posts here a BC without PR could take more than 6 months. In some cases 8-9. Even applications with PR seem to take sometimes 9 months or more

Now, the PR application can also take up to six months. Granted, in many cases it is quicker but bear in mind, as EEA national you still have the pain of proving you have been exercising your treaty rights, that won't change.

So your BC application without PR can take up to 6-12 months. With PR, 6-12 months + the time it takes to get PR (3-12 months).

Plus, technically, although sometimes HO doesn't seem to care, no matter how long you have been in the UK, you need to hold a PR for 12 months before applying for BC.

Bottom line. If you unsure you can prove your 6 years, go for the PR and use it as document check worth £65. If you are sure you have proof, go without it.

My $0.02 anyway (or £0.02).

[noajthan]

Hi there,

I am currently in the process of applying for naturalisation as a BC - on the surface the forms and guidance look straight forward, but after receiving some feedback from a couple of friends who have gone down this path, I realise that there are some murkier bits I need to be careful about before proceeding. I would appreciate any guidance on the following:-

...

PS: I cannot forget the student bit and show I was living with parents as the one living in the UK was unemployed at the time - I imagine even more difficult to show exercising Treaty rights.

These requirements seem outdated and quite ridiculous.

Any help would be much appreciated.

Published Gov UK guidance on this matter precludes the use of UK EHIC.

CSI is all about immigration so it does not seem widely broadcast around the populace;
btw, lack of CSI doesn't stop you accessing NHS (as you may have done from time to time).

Note As you have lived in UK for a long time, you do not have to focus only on the last 6 years to determine if you have acquired PR
(The generic naturalisation form AN is somewhat misleading as it pitches its EEA-related questions on PR in that way).

You may have acquired PR in earlier years.

For example...
In earlier years the longstanding need for a student (exercising treaty rights) to have CSI was not enforced.
If you had a RC, as a student before or up to 2011, you may be able to use a transitional arrangement put in place for students.
If it applies (& you qualify) that would exempt you from needing CSI from that time onwards.

Another approach:
Do/did your parents have healthcover in their original country?
Does it cover family members & include living abroad?
Is there any special reciprocal arrangement between that country & UK that may cover them & you?

Finally. did your parent/s work at any time (in UK) in earlier periods when you were in school etc?
If so, look again at acquiring PR as the dependent family member of an EEA national (parent) exercising treaty rights.

Suggest you also need specialised advice as you were earlier in UK as a 'minor in education' - there may be areas to explore there.

[tyx]

PR is not necessary for EEA nationals; as long as you can show proof of continuously exercising treaty rights you'll be fine, I agree with Gomjaba above.
Just got my application accepted last week (without PR).