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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2048
Experience:  I am a qualified solicitor and an expert in UK law.
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I need help with citizenship application form please. Applying

Resolved Question:

I need help with citizenship application form please. Applying on basis of being a family member of EEA national. I don't know how to fill in section 2.4, 2.5. It relates to exercising treaty rights. Whose treaty rights should I include in those sections?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

In this section you need to state your partner's treaty rights. What you need to show and provide information for is that your partner has been exercising treaty rights for 6 years (5 years for permanent residency and 1 year after for citizenship ).

You need to provide details of your partner either working, studying etc during the last 6 years. If your partner has not been working or there has been gaps you will need to explain this in this section or on a separate page.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.
But we are not applying on basis of his treaty rights but on basis of EEA family permit on which he entered UK in Feb 2005. Should I still fill in this section to prove his his treaty rights?
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Yes you would need to still fill this in. You need to provide details spanning at least 5 years back because you must have been living in the uk legally for 5 years at least before applying. So if you are applying on the basis of being on an EEA family permit you need to should that the eea national was exercise treaty rights in the uk as you were here on the eea nationals basis.

I hope this clarifies the matter.

Kind regards
Customer: replied 1 year ago.
Sorry still a bit in a dark. So shall I fill this section to show what he was doing in UK for 6yrs (we applying for his naturalisation) or what I was doing here (he got EEA permit basis my european passport as his country wasn't in EU yet when he got the permit.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

That is correct, because he got the eea resident permit on your basis then you would need to provide evidence that you were exercising treaty rights. Because of you he was in the uk therefore you need to provide evidence going back 6 year showing that you are exercising treaty rights.

If he was in the uk and you were no exercising treaty rights then he would not have any right to be in the uk and his resident would be legal. That is why you need to show you were exercising treaty rights.

I hope this clarifies the matter.

Kind regards
Customer: replied 1 year ago.
And the same with documents? My permanent residency card and P60 for last 6 years and not his.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Yes that is correct everything until the date of this application. So the documentation must be as up to date as possible.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2048
Experience: I am a qualified solicitor and an expert in UK law.
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