EEA to British Citizenship - Exercising Treaty Rights ??

[sihamjehjouh]

Hi There,

I am about to send my application for citizenship next week but I am a bit worried about it being refused.
Here is my story:
- I am a French National living in the UK since March 2004,
- I have been working since then but with a few gaps in my employment history
- I have been granted a Registration Certificate (EEA1) in December 2006 from the Home Office

Now that I know that I acquired automatically PR status since January 2008, I need to still provide proofs that I was exercising Treaty Rights since January 2008 (last 5 years) - an this is where I am bit worried as per my following employment history:
-April 2007 to end September 2008: in employment
-October 2008 to end November 2008: looking for work - applied for JSA at Jobcentre but refused
-December 2008: in employment
-January 2009 to end August 2009: looking for work - applied for JSA at Jobcentre but refused
-Since September 2009: in employment

What I am scared of is of the 2 gaps I have in my employment history- will my application be refused on the basis that I could not find a job for 2 months and then for 8 months?

Will appreciate your help in that matter

Thanks

[sihamjehjouh]

Sorry but forgot to mention all the paperwork I have to provide to the HO:

- P60 for the tax year up to 5 April 2008, 2010, 2011 and 2011
- P45 covering all my employments as well as those issued for 2009 and P45 issued by the Jobcentre about the cesation of jobseeker's claims
- payslips covering the whole of the period

thanks for the replies

[Jambo]

The 2008 gap is not a problem. The 2009 might be a problem but you might not need your activities in 2009.

What did you do between 2004-2007?

[sihamjehjouh]

I was working between 2004 and 2008.

I thought even thought you are working but actually looking for work means that you are still exercising treaty rights??

Or am I mistaken...

That is why I got my EEA1 in December 2006 because I provided proofs that I was working since 2004.

hope this helps to answer my questions

[Jambo]

I was working between 2004 and 2008.

I thought even thought you are working but actually looking for work means that you are still exercising treaty rights??

Or am I mistaken...

This is true but the HO don't like to see long periods of job seeking so they might claim you didn't exercise treaty rights during that period.

If you have been working since 2004 then in 2009 (after 5 years), you have obtained PR (and could have applied for BC in 2010).

Just provide proof of employment for those 5 years. Short gaps are acceptable. As PR is lost if you are absent for more than 2 years, you will also need to prove you were still living in the UK since 2009 (payslips or utility bills).

If you want to reduce the risk, you can use the same evidence and apply first for confirmation of your status using form EEA3. The advantage is that the application is free and will help flush any issues with your evidence. You can then use the same evidence and apply for BC.

You will also need to pass the Life in the UK test.

[sihamjehjouh]

thanks for your quick rely Jambo

I Have the Life in the UK test - I did not aplly for the BC before because it just slipped my mind and I kept on postponing it.

By the way, I am married to an non-EEA national in the country and we live together - For the BC, I will send all the P60 that I have (2008, 2010, 2011 and 2012) - all the payslips and P45 covering the 2009 period as well as the paperwork from the JobCentre.

Can i send council tax bills, bank statements, tenancy agreements, utility bills...or any other proofs that even though I was not working during most of 2009, I was still living in the UK and looking for work? Also for the 2009 gap, I was made redundant and it was very hard to find a job because of the recession.

Not sure if this will help with my BC application...

[Jambo]

If you were made redundant, then that gap should be fine. See more in this discussion in the EEA section of the forum.

You don't need to send all the long list of documents. Pick up a few (annual council tax for example).

As I said, you can apply using evidence from 2004-2009 (or any other 5 years). You will need to provide evidence of 5 years ending the latest one year before the application (i.e. the latest 2007-2012).

You might want to apply first using EEA3. The application takes about 2 months and will reduce risk with your naturalisation application.

[sihamjehjouh]

Hi there

I called the NCS to book the appointment to apply for the BC and the lady could not confirm if my application would be successful or not because of the gap of 8 months -- then I called the HO who do not seem to give people advice on the matters relating to BC.

Weird ?? Can you guys help me to know the contact numbers of the HO that can give me advice about my situation? I called the 0870 606 7766. Might be another phone number??

Jambo
I am very eager in applying for my BC because my husband is a non EEA on a 5-year residence card (due to the fact the he is married to me). So I do not want to lose out all this time for nothing which means maybe waiting 2 months or longer for the EEA3; then my french passport expires in April 2013 so need to wait another 2 months; then if PR is granted, wait another year before applying for the BC...

Also I forgot to mention that for the employment gap, I have letters from Jobcentre confirming that I was attending the jobcentre, I have emails of attending job interviews and also I was volunteering for the British Red Cross on a temporary basis - so not sure if those would be sufficient proof enough for the HO.

thanks again and sorry for the headache situation here

[Jambo]

Hi there

I called the NCS to book the appointment to apply for the BC and the lady could not confirm if my application would be successful or not because of the gap of 8 months -- then I called the HO who do not seem to give people advice on the matters relating to BC.

Weird ?? Can you guys help me to know the contact numbers of the HO that can give me advice about my situation? I called the 0870 606 7766. Might be another phone number??

NCS or the HO customer service will not be able to advice you on a particular case. At best, they can tell you the general policy but you can read it yourself in the regulations and caseworkers guidelines (links available in the EEA Permanent Residence FAQ).

Jambo
I am very eager in applying for my BC because my husband is a non EEA on a 5-year residence card (due to the fact the he is married to me).

I didn't really follow here. What has your husband's RC to do with your BC application? You becoming British won't change his status. The only difference would be that he could apply for BC after 5 years of residence instead of 6.

So I do not want to lose out all this time for nothing which means maybe waiting 2 months or longer for the EEA3; then my french passport expires in April 2013 so need to wait another 2 months; then if PR is granted, wait another year before applying for the BC...

you can use you French ID card for the EEA3 application. You don't need to have a valid passport for the naturalisation application. I still don't understand why the timing had to so with your husband status.

Also I forgot to mention that for the employment gap, I have letters from Jobcentre confirming that I was attending the jobcentre, I have emails of attending job interviews and also I was volunteering for the British Red Cross on a temporary basis - so not sure if those would be sufficient proof enough for the HO.

your volunteering time is nice but irrelevant. However, the fact you have been made redundant and registered with job centre means that you would still be considered a worker for that period.

As I said, you have several options:
- EEA3 first or BC directly.
- using the first 5 years or any other 5 years (with or without the 8 months gap).

I believe you should be fine applying directly but I would first apply using EEA3 just to reduce the risk.

[sihamjehjouh]

Thanks Jambo

Not sure if I got it right but the fact of mentioning my husband RC is to be able to apply for his BS without going through the 1-year permanent residence and apply for his BC at the moment his 5-year expires and not 5 year + 1 year PR - or am I wrong?

Anyway I shall try and see which application I will make and will let you know about it guys so that it might help other people in the same situation as mine.

Thanks for your help Jambo and have a Happy New Year !!!

[Jambo]

Not sure if I got it right but the fact of mentioning my husband RC is to be able to apply for his BS without going through the 1-year permanent residence and apply for his BC at the moment his 5-year expires and not 5 year + 1 year PR - or am I wrong?

You are right. If you are British, then once he obtain PR (after 5 years) he can apply for naturalisation without waiting for another year.

[sihamjehjouh]

Hi guys

just to let you know that i applied for my newborn's British passport based on me being permanently residing in the uk and exercising Treaty Rights during 5 years prior to his birth (as a worker and job seeker) and he successfully received his passport less than 2 weeks after submitting the application.

Now I am about to send my British Naturalisation application and will post the details in the required category of the board.

hope all will go fine.

[antho268]

Hi Did you get the british citizen ship?
Thanks