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Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2693
Experience:  Partner in national law firm.
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A friend of mine is Romanian and has been here since 2005.

Resolved Question:

A friend of mine is Romanian and has been here since 2005. She is applying for citizenship via form AN. She recently got married and passed the knowledge of UK life test recently. Apart from some brief periods she has been a student or working ever since she arrived. What is confusing us is does she have to complete sections 2.4 and 2.5 of form AN regarding exercising her rights under the Treaty ?? We thought she wasn't exercising her rights as she has been here since 2005 so effectively granted permanent residence and of course Romania only became part of the EEA Treaty in 2007.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Alice H replied 2 years ago.
My name isXXXXX and I'm happy to help with your question today.

Your friend can claim British Citizenship on the basis of her permanent residency for over 5 years.

I'm assuming she is applying on the basis of this long residency in the UK.

Therefore, there is no need to complete 2.4 and 2.5 if she has evidence of permanent residency from 2005.

I hope this helps.

Customer: replied 2 years ago.

Yes she had a visa to enter the country in 2005 and studied for two years. Since then she has worked in various roles. Your answer is much as I interpreted but it is very confusing. So she is not an EEA national exercising her EC Treaty rights so can omit 2.4 and 2.5. She is married to a UK national. Yes I suppose she is applying on the basis of this long residency. She has only left the country briefly during this period.

Expert:  Alice H replied 2 years ago.

Just to clarify:

She is applying on the basis of her long residency.

So no need to complete 2.4 and 2.5 because she is not exercising treaty rights.

Hope that helps.

Alice H, Solicitor Advocate
Satisfied Customers: 2693
Experience: Partner in national law firm.
Alice H and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you - I will pass that advice on.

Expert:  Alice H replied 2 years ago.
No problem! Have a good weekend. Alex
Expert:  Howard replied 2 years ago.
The sections DO need to be completed. Qualification is based on 6 years - 5 years exercising Treaty Rights to qualify for Permanent Residence and a year free of immigration restrictions to qualify for Citizenship.The applicant does NOT need to apply for PR after 5 years - it is automatic. The full period STILL needs to be evidenced to qualify for Citizenship and particularly where confirmation of PR was not obtained.Marriage has nothing to do with this as the right to be in the UK was not based on the marriage but on exercising Treaty Rights. If this is not clear then please feel free to ask.

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