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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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Hi again. I still didnt send out the form for my husband naturalisation.

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Hi again. I still didn't send out the form for my husband naturalisation. I got stuck on section 2.4 and 2.5 of the application. I don't really know the difference between those sections. I also don't know if I should write there info about my treaty rights or my husband who is applying for naturalisation and who came initially to UK on eea visa.
Hi again and thanks for requesting me.

These sections are to establish qualification for permanent residence (ILR) which is required for 12 months to qualify for naturalisation. 2.5 is asking on what basis treaty rights were being exercised. Remember that you were the person exercising treaty rights and your husband is the family member of an EEA national exercising treaty rights. Certainly you should evidence with the application that you have been in the UK exercising treaty rights for the full period and that your husband has been with you for the required 6-year period.

This should be useful if you have not already seen it:

http://bia.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_an.pdf

In particular, section 6 of the booklet (the first part is a guide and the second part is a booklet).
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Customer: replied 3 years ago.
Sorry still don't know.
Section 2.4 basis of stay - shall I write about him? Self-employed?
Section 2.5 treaty rights - shall I write mine? Employed?
Section 2.6 registration - I was not registered, shall I leave it blank?

Thanks
2.4 - yes, if he was self-employed then write that.

2.5 - remember the form is asking him questions - he was not exercising treaty rights so he should not complete this.

2.6 - Again, this does not apply to him.

Remember to view the application from his perspective - answer the questions in the form on this basis and present the application on this basis. His qualification is based on being here as the family member of someone exercising their treaty rights in the UK, so the 2 key parts of the application are that he is in the UK with a subsisting relationship with you and that you have exercised your treaty rights.

In the end this is likely to be a very simple application that will be approved relatively quickly and without issue.
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