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UK citizenship without exercising treaty rights, just settled status?

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  • Query UK citizenship without exercising treaty rights, just settled status?

    Hello everyone, I have been reading information on this forum for a while now and it is very useful, however I would really appreciate if someone could give me some advice regarding my situation.

    I am an EU citizen, married to a British citizen and moved to UK in January 2015. About a month later I got an EHIC from my home country, and from October 2015 until December 2017 I was employed on a zero hour contract.

    From 2018 until 2020 I was studying part time, had a few temporary jobs and voluntary work.
    In January 2020 I was granted Settled status.
    I was hoping to apply for citizenship next year, but since reading this forum I have realised that I actually don't meet the lawful residency requirement as I haven't been employed for 3 continuous years. I presume I could wait until 2023 and apply after I have had settled status for 3 years, but am I right in thinking that my application might still be rejected as HO now checks to make sure EU citizens were exercising treaty right BEFORE they got settled status?

    My other question is, to qualify as Self-sufficient I need proof of EHIC and no benefits, but my husband applied for child benefit and child tax credits in August 2015 and since we are married and live together I was on the application too. Does that mean I can't be considered self-sufficient from the date he applied?

    Thank you soo much! I hope there's still a chance for me to get Uk citizenship!


  • #2
    Originally posted by Princess857 View Post
    Hello everyone, I have been reading information on this forum for a while now and it is very useful, however I would really appreciate if someone could give me some advice regarding my situation.

    I am an EU citizen, married to a British citizen and moved to UK in January 2015. About a month later I got an EHIC from my home country, and from October 2015 until December 2017 I was employed on a zero hour contract.

    From 2018 until 2020 I was studying part time, had a few temporary jobs and voluntary work.
    In January 2020 I was granted Settled status.
    I was hoping to apply for citizenship next year, but since reading this forum I have realised that I actually don't meet the lawful residency requirement as I haven't been employed for 3 continuous years. I presume I could wait until 2023 and apply after I have had settled status for 3 years, but am I right in thinking that my application might still be rejected as HO now checks to make sure EU citizens were exercising treaty right BEFORE they got settled status?

    My other question is, to qualify as Self-sufficient I need proof of EHIC and no benefits, but my husband applied for child benefit and child tax credits in August 2015 and since we are married and live together I was on the application too. Does that mean I can't be considered self-sufficient from the date he applied?

    Thank you soo much! I hope there's still a chance for me to get Uk citizenship!
    Morning,

    To clarify, the requirement is not to have exercised treaty rights as such, but LAWFUL RESIDENCE. This requirement is the same for everyone, including non EU nationals, however, in their case, they would have been lawfully resident under their respective visas. Since EEA nationals didn't require any kind of visa or official status to live here, the assessment of lawful residence is based on exercising treaty rights or having a previously acquired right of residence, for example, having acquired PR status or been granted ILR in the past.

    Lawful residence is required for the relevant period, in the case of those applying on the basis of marriage to a British citizen, this is the last 3 years. Once you have settled status, you are lawfully resident under that status, so there's no longer a need to exercise treaty rights, etc. to be lawfully resident. There is no requirement to have exercised treaty rights before getting settled status, so I can't see why you wouldn't meet this criteria in 2023 as you say.

    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
      You may want to refer to the following resources which are the starting point for citizenship applications:Lawful residence is explained here in detail: Lawful residence for applicants relying on settled status

      And you may also want to consider the potential impact of becoming British if you wish to sponsor family members in the future: Impact on family members

      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 Site Admin View Post

        Morning,

        ...

        Lawful residence is required for the relevant period, in the case of those applying on the basis of marriage to a British citizen, this is the last 3 years. Once you have settled status, you are lawfully resident under that status, so there's no longer a need to exercise treaty rights, etc. to be lawfully resident. There is no requirement to have exercised treaty rights before getting settled status, so I can't see why you wouldn't meet this criteria in 2023 as you say.
        Thank you for this response.. My concern is based on this section from AN Naturalisation booklet...:

        "To meet the residence requirements, you should not have been in breach of immigration law during the residential qualifying period. You should have been here legally. This means you must have had the necessary permission under the immigration laws and complied with any requirements to be in the UK. You may be refused if you have been in breach of immigration laws during the residential qualifying period. This is especially relevant if you came to the UK as an asylum seeker and your application for refugee status and any appeals were refused during this period."

        "Just because you were given indefinite leave to remain does not mean that we will automatically disregard the time you were in breach of immigration laws during the residential qualifying period. Any immigration offences will also be considered as part of the good character requirement. This includes immigration breaches in the 10 year period before you apply for naturalisation – see the section on good character."

        To me, this means that even after my 3 year of settled status, they will check whether I complied with EU requirements before I got settled status. Is that not correct?

        Thank you.

        Comment


        • #5
          Originally posted by Princess857 View Post

          Thank you for this response.. My concern is based on this section from AN Naturalisation booklet...:

          "To meet the residence requirements, you should not have been in breach of immigration law during the residential qualifying period. You should have been here legally. This means you must have had the necessary permission under the immigration laws and complied with any requirements to be in the UK. You may be refused if you have been in breach of immigration laws during the residential qualifying period. This is especially relevant if you came to the UK as an asylum seeker and your application for refugee status and any appeals were refused during this period."

          "Just because you were given indefinite leave to remain does not mean that we will automatically disregard the time you were in breach of immigration laws during the residential qualifying period. Any immigration offences will also be considered as part of the good character requirement. This includes immigration breaches in the 10 year period before you apply for naturalisation – see the section on good character."

          To me, this means that even after my 3 year of settled status, they will check whether I complied with EU requirements before I got settled status. Is that not correct?

          Thank you.
          Morning,

          This refers to people who needed to have an official status, or leave, to be living here during the past 10 years. That is, non EEA nationals.

          Regarding all these good character issues and CSI, etc., all I can tell you is that I have yet to see a single case where applicants have been asked to prove their lawful residence beyond the relevant 3 or 5 year period, however, we do have a number of members who were students without CSI in the last 10 years.

          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


          • #6
            Thanks for the reply.
            Will there be a separate thread for people who apply for citizenship with just settled status, as I would like to see if such applications will be successful?

            Kind regards

            Comment


            • #7
              I have another question.. apart from lawful residence under EU rules before getting settled status, or having settled status for 3 years (being married to a British citizen) does it mean anything that I lived in Uk before my home country was in EU (I had a 2 year spouse visa from 2007) but after two years moved back to my country so I never applied for ILR. However I have been visiting Uk at least once a year since then...until moving back in 2015. Just wondering if that can somehow help my Citizenship application?
              thanks

              Comment


              • #8
                Originally posted by Princess857 View Post
                I have another question.. apart from lawful residence under EU rules before getting settled status, or having settled status for 3 years (being married to a British citizen) does it mean anything that I lived in Uk before my home country was in EU (I had a 2 year spouse visa from 2007) but after two years moved back to my country so I never applied for ILR. However I have been visiting Uk at least once a year since then...until moving back in 2015. Just wondering if that can somehow help my Citizenship application?
                thanks
                Evening,

                I very much doubt it would have any impact on the application.

                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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