Exercising treaty rights

[shire19]

Am I correct into assuming that having an Dutch passpoort and being part of EEA means I do not need to show proof that I've been physically present in the UK for the past 5 years with employment letters, educational letters etc?


Thanks in advance

[JAJ]

Am I correct into assuming that having an Dutch passpoort and being part of EEA means I do not need to show proof that I've been physically present in the UK for the past 5 years with employment letters, educational letters etc?

What are you trying to obtain? A Permanent Residence certificate, or become naturalised British? (or both)

[shire19]

Am I correct into assuming that having an Dutch passpoort and being part of EEA means I do not need to show proof that I've been physically present in the UK for the past 5 years with employment letters, educational letters etc?

What are you trying to obtain? A Permanent Residence certificate, or become naturalised British? (or both)

To become a british citizen

[John]

It is not as simple as you think, or might like!

You firstly need to have Permanent Residence status in the UK and in order to get that you will need to show that you have been exercising EU Treaty Rights in the UK for at least five years.

Prior to 30.04.06 the only way you could get PR status was to complete a form EEA4 and get a sticker in your passport. You are still entitled to do that but since 30.04.06 you get PR status automatically, as long as of course you can indeed show proof of the fact that you have been exercising EU Treaty Rights in the UK for 5 years.

Then having had PR status for at least one year, and assuming that you have passed the UK's Citizenship Test, you would be eligible to apply for Naturalisation as British.

You will see from the above that in the absence of a PR sticker in your Dutch passport you cannot possibly have got PR status until 30.04.06 at the earliest, and thus in the absence of a PR sticker you cannot possibly have PR status for 1 year until 30.04.07 at the very earliest.

[shire19]

It is not as simple as you think, or might like!

You firstly need to have Permanent Residence status in the UK and in order to get that you will need to show that you have been exercising EU Treaty Rights in the UK for at least five years.

Prior to 30.04.06 the only way you could get PR status was to complete a form EEA4 and get a sticker in your passport. You are still entitled to do that but since 30.04.06 you get PR status automatically, as long as of course you can indeed show proof of the fact that you have been exercising EU Treaty Rights in the UK for 5 years.

Then having had PR status for at least one year, and assuming that you have passed the UK's Citizenship Test, you would be eligible to apply for Naturalisation as British.

You will see from the above that in the absence of a PR sticker in your Dutch passport you cannot possibly have got PR status until 30.04.06 at the earliest, and thus in the absence of a PR sticker you cannot possibly have PR status for 1 year until 30.04.07 at the very earliest.

Thanks for the reply.
I was a bit confused at the Permanent residence part but now know you meant indefinite leave to remain.

Your correct, as far as I know I will have held ILR for 1 year by the 30th of this month and have passed my Life in the UK test last year, I've been in the country since February 2001.

Though I have not had confirmation of my ILR status from homeoffice, this I assume is all done automatically and they won't inform you about it?

[JAJ]

Though I have not had confirmation of my ILR status from homeoffice, this I assume is all done automatically and they won't inform you about it?

Under the rules since 30 April 2006 it's automatic. Prior to that you had to make an application after 4 years (ie, you could have applied for ILR in February 2005).

Incidentally your status as a Permanent Resident now isn't ILR, but it's very similar.

Have you had any children born to you in the UK, or are any children planned in future?

One final point. Unless you fall into one of a set of defined exceptions (eg married to a British citizen) you will lose your Dutch citizenship upon becoming a British citizen. This may not be a problem for you, but just beware of it.

[shire19]

Under the rules since 30 April 2006 it's automatic. Prior to that you had to make an application after 4 years (ie, you could have applied for ILR in February 2005).

Incidentally your status as a Permanent Resident now isn't ILR, but it's very similar.

Have you had any children born to you in the UK, or are any children planned in future?

One final point. Unless you fall into one of a set of defined exceptions (eg married to a British citizen) you will lose your Dutch citizenship upon becoming a British citizen. This may not be a problem for you, but just beware of it.

Thanks and no I dont have any children born in the UK nor are any planned. Im only 20 years old and my sole reason for becoming an British citizen is so I can start my career in the British Army