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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13323
Experience:  Solicitor
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EU national exercising my Treaty Rights

Customer Question

I am from EU exercising my Treaty Rights for 6 years. I would like to apply for naturalization. What is the meaning of the exercising the Treaty Rights for a continous periofd of 6 years? For example I started to work on 01 Nov 2005 and I still work at present but in a differnt workplace. During this 6 years I have one week when I was between two jobs: my previous job ended on 15 Sep and the new one started on 24 Sep. Does this break the 6 year contniuos requirement for exercising the Treaty rights?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 4 years ago.
No the fact that you were unemployed for a week does not break your continuous exercise of treaty rights you are entitled to live here as long as you are not a burden on public funds. the breach of continuity comes from extended absences of more than 90 days for example. Have you applied for a residence certificate after 5 years? It is not necessary but it does make it easier. You have the right to permanent residence after 5 years anyway and you have to have been permanently resident for 12 months before applying for naturalisation.
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Customer: replied 4 years ago.

Therefore, please confirm if my understanding is correct: the one week unemployment does not break the continuity of my 6 yeasr exercise of the Treaty Rights. If this is correct what should I enter into the application form for Naturalisation regarding this one week or just deny it?

Expert:  Senior Partner replied 4 years ago.
yes continuity of residence is only broken by extended breaks. A break of a week would not constitute a break in continuity. There is an issue sometimes with self sufficient people. i.e. people who are not workers if they have not got medical insurance but that will not apply to you. I would just treat it as a holiday between jobs.

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