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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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We are trying to get British citizenship for my husband who

Resolved Question:

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?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
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 1 year 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?
Expert:  Howard replied 1 year ago.
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:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

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 1 year ago.
What do you mean ''if he did not changed his status?"
Expert:  Howard replied 1 year ago.
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 1 year 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.

Expert:  Howard replied 1 year ago.
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:

http://bia.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/

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 3 other UK Immigration Law Specialists are ready to help you
Expert:  Howard replied 1 year ago.
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.

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