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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am applying for British citizenship as EEA citizen but

Resolved Question:

Hi, I am applying for British citizenship as EEA citizen but have two employment gaps of 2 months each. I moved to UK in 2006 as a student and au-pair and after 11 months got NINO and started looking for job. The family then left for one month holidays so I went back to Czech. When I returned back to UK it took me a month to find a job and I registered with Home Office right away under WRS. I stayed with the employer for 5 months and resigned with one month notice as I was being bullied. I therefore finished my employment with the company on 31st January 2008. I got a job offer on 30th January 2008 with a new employer but they did not give me starting date until 31st March so I took another month of holidays in Czech and then I returned and spent the remaining month looking for new flat as I had to relocate. I have been working with the same company since 31st March 2008 until present. Can I say that the two one month unemployment gaps can be treated as exercisng my treaty rights as a job seeker despite not registering with job centre and hence I don't have any proof of residence due to not claiming jobseeker's allowance? Or is there a likelihood of getting my application turned down?
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 11 months ago.
Hi

Do you have any other proof of residence during the time you were unemployed??

Tom
Customer: replied 11 months ago.

Hi Tom,


 


I am afraid I don't have them anymore. I didn't think I was going to need my bank statements for so long.

Expert:  Thomas replied 11 months ago.
Hi

Thanks for your patience.

My opinion is that you should probably be okay.

A person can exercise their treaty rights in various ways. One of the ways is that you can be regarded as being “self sufficient”.

If during the time that you were unemployed you were effectively living on the money that you had already earned then you can argue that you should still be regarded as exercising your treaty rights because of the fact that you were self-sufficient. Not claiming job seekers allowance helps in this regard.

The fact that you did not claim JSA does not mean that you are prevented from claiming that you were exercising treaty rights, but the fact that you were living on your own money whilst looking for work indicates a short period of self-sufficiency which you can argue should be regarded as being self-suffcient.

JSA claims are also not the only proof of your address, so you should see if you are able to produce any other documentary evidence that you were living at the address at the time, such as bank statements, utility bills or council tax records (you may consider referring to your local authority in this regard to see if the can reissue any records to you.

You should be okay provided that you meet the other usual naturlisation criteria.

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Kind regards,


Tom
Customer: replied 11 months ago.

In order to be classed as self-sufficient I would have to provide proof of funds in bank and evidence of having comprehensive health insurance. Although I did have the funds I cannot prove it as my bank could only issue backdated statements for up to 5 years.


 


I also no longer have evidence of the comprehensive health insurance I had for my first employment gap. I did not purchase one for the second period when I was in between jobs. I did not think I required one as I was living in UK although I was not employed during that period. As far as I remember I did not go to GP during the two months so it can't be said that I was a burden on the NHS.


 


Would my au-pair stay class as exercising treaty rights as I was not officially working and I was student only for 7 out of the 11 months?

Expert:  Thomas replied 11 months ago.
Hi,

I expect that it would enough for you to prove that you did not claim any benefits during the periods that you were unemployed.

If you did not have health insurance then you will have to be honset if you are actually asked about it.

If you were studying whilst you were au pair then that should also be regarded as a exercising treaty rights.

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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