How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Howard Your Own Question
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
Type Your UK Immigration Law Question Here...
Howard is online now
A new question is answered every 9 seconds

We are trying to get British citizenship for my husband who

This answer was rated:

We are trying to get British citizenship for my husband who is Romanian and came first to this country 07/02/2005 on visa EEA family permit to join spouse (me and I am Polish).
Since 19/04/2005 he is self-employed and we filled the form as he was exercising treaty rights on self-employed basis. Now on 20/05/2013 without taking any advice he incorporated his business and became the only director of his ltd company. The problem is now that we are not sure if he is exercising his treaty rights as a director or not anymore. Can his application be refused because of this? What shall we do?
Could you clarify.

You have stated that he has an EEA Family Permit but you have also stated that he is exercising treaty rights on a self-employed basis.

If he has an EEA Family Permit then there is no restriction on the type of employment he can undertake - employee, self-employed, own Limited Company, etc.
Customer: replied 3 years ago.
The EEA family permit was between 07/02/2005 till 28/05/2009 we didn't apply for extension as Romania joined EU. So on which basis shall we apply for citizenship then?
There are a number of options, including the fact that things will change at the end of the year for Romanians.

If he did not change status then it is worth remembering that he would automatically have been considered to hold Permanent Residence after 5 continuous years in the UK with a partner exercising treaty rights in the UK. Extension of the EEA Family Permit was not required - the visa is simply recommended. The Permanent Residence application is also not required - simply recommended.

After 12 months holding this automatic Permanent Residence status he could apply for Naturalisation:

In other words, if he has not changed his status then there is an excellent chance that he could simply apply for Naturalisation as a British Citizen immediately.
Customer: replied 3 years ago.
What do you mean ''if he did not changed his status?"
I mean if he did not make any other applications for a different visa status, such as registering as a self-employed Romanian exercising his treaty rights. I mentioned this as you had given two statements earlier about his status that appeared to conflict.
Customer: replied 3 years ago.
Sorry, I didn't realise that those are conflicting. He didn't apply for any different visa status.
Where can I get help with the application form as I still don't understand if I have to fill in the section for EEA nationals exercising treaty rights.

You were talking about him exercising his treaty rights whereas he came her on the basis of being the partner of someone exercising their treaty rights. Of course, it is confused by the fact that Romania joined the EU so you could look at it as him exercising his treaty rights!

Anyway, the fact is that he came here with an EEA Family Permit and has made no other application so he should still be able to qualify on that basis - 5 years with that status plus 1 further year with his automatic Permanent Residence status.

Use AN form:

Complete on the basis of being the family member of an EEA Citizen exercising treaty rights. He has not completed 6 years exercising treaty rights himself but he HAS completed 6 years on the basis we have discussed - EEA Family Permit for 5 years plus 1 further year holding 'automatic' Permanent Residence.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you
Thanks for the rating. Don't forget that you can ask for me if you have further questions by starting the question with UKVisas or asking from my profile page.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Thomas



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Clare's Avatar



    Satisfied Customers:

    25 years hight street experience
  • A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    13 years specialist skill in UK Immigration & Nationality Law
  • Paul Richmond's Avatar

    Paul Richmond


    Satisfied Customers:

    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • Awan-Legal's Avatar



    Satisfied Customers:

    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.