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UK Citizenship application of a non-EEA with 12 months settled status

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  • Query UK Citizenship application of a non-EEA with 12 months settled status

    Hello, I hope you can help

    I am from Venezuela and moved to the UK in November 2015 as non-EEA family member with my husband being my sponsor (he is from Greece). At that point I had a Family permit visa and then applied for a Biometric resident card that lasted for 5 years. I was then granted settled status in November 2020 under the EUSS. I've been a full time employee since January 2016.

    I am now applying for citizenship as it now been 12 months with my settled status but just find out on this forum that I can't really exercise treaty rights? so I will need to provide that my husband has been exercising them from November 2016 until at least Nov 2020 when I got the settled status then I can proof the last year with my settled status? or should I just provide the last 5 years of my husband exercising treaty rights?

    He has been living here for 10+ years and he has been self employed (company director) for the past 5 years. he had a certificate of registration and then got settled status last year under the EUSS as well.


    Also from April 2020 till January 2021, I was on maternity leave, fully paid so I still have payslips for it. Will this make an impact ? or the fact I was still getting paid meant that I was not self sufficient?

    I understand I still will need to provide evidence of residence here so I am guessing payslips and bank statements could do it?

    Thanks very much in advance
    Best




  • #2
    Originally posted by magf90 View Post
    Hello, I hope you can help

    I am from Venezuela and moved to the UK in November 2015 as non-EEA family member with my husband being my sponsor (he is from Greece). At that point I had a Family permit visa and then applied for a Biometric resident card that lasted for 5 years. I was then granted settled status in November 2020 under the EUSS. I've been a full time employee since January 2016.

    I am now applying for citizenship as it now been 12 months with my settled status but just find out on this forum that I can't really exercise treaty rights? so I will need to provide that my husband has been exercising them from November 2016 until at least Nov 2020 when I got the settled status then I can proof the last year with my settled status? or should I just provide the last 5 years of my husband exercising treaty rights?
    Morning,

    I assume you will have read this post: Lawful residence for applicants relying on settled status

    ...where we have:
    Once you have been granted pre-settled or settled status, you would be lawfully resident in the UK under that status.

    There is no longer a requirement to exercise treaty rights, nor have CSI cover for any periods of studies or self-sufficiency, since these are not requirements under the EUSS.

    That means applicants who did not meet the criteria of being "lawfully resident" under EU rules before being granted pre-settled or settled status, can apply for citizenship 3 or 5 years after being granted pre-settled or settled status, depending on whether they are married to a British spouse or not.

    People who obtained pre-settled status before qualifying for settled status can start counting from the time they were granted pre-settled status, since they would have been lawfully resident under UK immigration rules from when they were granted this status.

    It is possible to mix a period of lawful residence under EU rules with a period of lawful residence under the EUSS as long as it adds up to a continuous 3 or 5 year period.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      ...also:
      Non-EEA family members

      The treaty rights criteria also apply to family members from outside the EEA, in this case, the EEA sponsor (i.e. spouse, civil partner, parent, etc.) should have been lawfully resident, that means exercising treaty rights or having acquired PR status or holding ILR (other than settled status).

      Non-EEA nationals cannot exercise treaty rights, their status depends on the EEA national sponsor meeting these criteria.
      In a nutshell, for the period up until you got settled status (or pre-settled, if you applied for that one first, not everyone did), you relied on your sponsor exercising treaty rights.


      Originally posted by magf90 View Post
      He has been living here for 10+ years and he has been self employed (company director) for the past 5 years. he had a certificate of registration and then got settled status last year under the EUSS as well.

      Also from April 2020 till January 2021, I was on maternity leave, fully paid so I still have payslips for it. Will this make an impact ? or the fact I was still getting paid meant that I was not self sufficient?
      It makes no difference whatsoever, since, as a non EEA national, your lawful residence here relied on your sponsor being the one who exercised treaty rights, as noted above.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4

        Originally posted by magf90 View Post
        I understand I still will need to provide evidence of residence here so I am guessing payslips and bank statements could do it?
        We have covered that here: Evidence of residence

        ...where we have:
        • Your passports covering the 3 or 5 year period
        AND
        • Documentary evidence that indicates presence in the UK during the relevant 3 or 5 years. This can be in the form of letters from employers, educational establishments or other Government Departments. A sample of these documents, at least one from each of the 3 or 5 years, should be submitted.
        • Continued presence in the country can be shown by enclosing lists of attended appointments from GPs, dentists, physiotherapists, dental hygienists and hospital consultants (i.e. hospital appointments).
        • Your children's school attendance records and letters confirming you drop them off and pick them up.
        • Bank and credit card statements showing physical transactions made in the UK.
        • A P60 from an employer would be equivalent to a letter from an employer and Government Department letters could include letters you have received from the DWP, HMRC, DVLA, or any other Government Department.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          As you have a non EEA passport, if it was stamped in and out of the country every time, then that would be enough evidence of residence, however, sometimes passports of family members who had a residence card wouldn't have been stamped.

          You may want to refer to the following resources which are the starting point for citizenship applications:

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment

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