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As you have been unable to provide evidence of your spouse exercising treaty rights in the United Kingdom for a continuous period of 5 years, you do not meet the requirements which are set on our website at http://www.gov.uk/becoming-a-british-citizen. And your application has been refused.</b>

Things I have sent
- bank statements of the last 6years
- NIC of my husband
- child benefit award of the last 5years
- tax credits award letters of the last five years ( of each year since 2010)
- Self Assessment statement covering last 5 tax years

I am none-EEA and husband is EEA(Dutch)

He is been here since 2005 and I arrived in 2008

You probably have not applied earlier the (optional) EEA4 - PR which cost you only £65 and must have been very beneficial for your costly naturalizations application.

As long as the five years of continuous treaty rights exercise has been met, you'll be able to get this sorted via reconsideration.

How did your husband exercise treaty rights for five years? Please list all of the different ways he exercised treaty rights for the qualifying five years. Since you mention self assessment, does that mean he has qualified by being self employed for the full five years? Was it continuous, ie non-stop work without any breaks for the full five years?

Keep in mind it has to be a continuous five years, ie no gaps, and that if you leave the UK for 6 months or longer in any given year, you break your residency and start at 0 again.

Best of luck.

sheraz7 wrote:You probably have not applied earlier the (optional) EEA4 - PR which cost you only £65 and must have been very beneficial for your costly naturalizations application.

Since it's optional, there was no requirement to get it? or am I wrong?

Julian11 wrote:As long as the five years of continuous treaty rights exercise has been met, you'll be able to get this sorted via reconsideration.

How did your husband exercise treaty rights for five years? Please list all of the different ways he exercised treaty rights for the qualifying five years. Since you mention self assessment, does that mean he has qualified by being self employed for the full five years? Was it continuous, ie non-stop work without any breaks for the full five years?

Keep in mind it has to be a continuous five years, ie no gaps, and that if you leave the UK for 6 months or longer in any given year, you break your residency and start at 0 again.

Best of luck.

Thanks for your reply, My husband was:

Employed: 2005-2007
Self-Employed: 2007-2010
Jobseeker: 2010
Self-Employed: 2010-2015
and Employed part of 2014-2015

We had no gaps at all, if we went on holiday we would have gone together and it would not have been longer than three weeks in a year.

Our son was born in a London borough in May 2010, Daughter born in a London borough in January 2013.

The proof we sent:

Bank statements(58 pages, double sided) of the same shared account, both names on the bank statements from Jan-2010 to Jan-2015
on the bank statements to be seen that the following was paid in:
- Child Benefits
- Tax Credits (both working and child tax credits)

Then to be seen that he was paying (NIC) National Insurance Contribution

We also sent self assessment covering tax years 2009 to tax year 2014

We also sent Child Benefit statement from 2010 to 2015

Also sent Tax credit award letters from 2009 - 2015

What else could I have sent? Are they stupid or idiots?

omaral wrote:

Julian11 wrote:As long as the five years of continuous treaty rights exercise has been met, you'll be able to get this sorted via reconsideration.

How did your husband exercise treaty rights for five years? Please list all of the different ways he exercised treaty rights for the qualifying five years. Since you mention self assessment, does that mean he has qualified by being self employed for the full five years? Was it continuous, ie non-stop work without any breaks for the full five years?

Keep in mind it has to be a continuous five years, ie no gaps, and that if you leave the UK for 6 months or longer in any given year, you break your residency and start at 0 again.

Best of luck.

Thanks for your reply, My husband was:

Employed: 2005-2007
Self-Employed: 2007-2010
Jobseeker: 2010
Self-Employed: 2010-2015
and Employed part of 2014-2015

We had no gaps at all, if we went on holiday we would have gone together and it would not have been longer than three weeks in a year.

Our son was born in a London borough in May 2010, Daughter born in a London borough in January 2013.

The proof we sent:

Bank statements(58 pages, double sided) of the same shared account, both names on the bank statements from Jan-2010 to Jan-2015
on the bank statements to be seen that the following was paid in:
- Child Benefits
- Tax Credits (both working and child tax credits)

Then to be seen that he was paying (NIC) National Insurance Contribution

We also sent self assessment covering tax years 2009 to tax year 2014

We also sent Child Benefit statement from 2010 to 2015

Also sent Tax credit award letters from 2009 - 2015

What else could I have sent? Are they stupid or idiots?

First of all ur problem is self employed period .

Child benefit/tax credits letter is not proof of exercise treaty rights,
Also now and days HO doesn't respect proof of self employed as exercise treaty rights anymore, onless you have proof of ur business attivitys like invoice back statement, if u have those proof it will u a bit

godtimebest wrote: First of all ur problem is self employed period .

Child benefit/tax credits letter is not proof of exercise treaty rights,
Also now and days HO doesn't respect proof of self employed as exercise treaty rights anymore, onless you have proof of ur business attivitys like invoice back statement, if u have those proof it will u a bit

Unfortunately you are wrong, this is a list of what the Home Office accept as Evidence when exercising treaty rights

Evidence of your sponsor exercising treaty rights through employment, self-employment, education or self-sufficiency.

1. Employment: wage slips and official bank statements, p60s, HMRC employment records.

2. Education: college/university letters, official bank statements, evidence of private medical insurance/EHICH card issued by your home state.

3. Self-emplyment: self assessments, audited accounts, business bank statements, national insurance contributions, HMRC records.

4. Self-Sufficency: Official bank statements, evidence of private medical insurance / EHIC card sussed by your home state.

5. Job Seeking: Official letters from your local job centre i.e. benefit claim entitlement letters, official bank statements.

So I have sent:

3. Self Assessments, National Insurance Contribution, HMRC Records.

For the time he was jobseeker:
5. Official bank statements showing Jobseeker's paid in,and Jobseeker statement of the time he received jobseeker allowance.

What five years did you choose as the five years to get the PR, and how long was the jobseeker time period for?

Here is what to do:

Phone the home office, explain your decline, and explain you don't know where you went wrong. Ask for a more specific reason for how you did not get the five years continuous treaty rights exercise. If they can't see notes for it, they should be able to arrange for a call back from somebody who knows, to say exactly what time period was not accepted or what happened.

Based on what you hear from that call, you can then draft your reconsideration letter, breaking down very clearly how you met the treaty rights criteria for the time period they were unhappy with, and (re-)providing proof, as much as you can get, to cover that particular time period. Keep the letter clear and simple, and list exactly what you are attaching and what time period it is relevant to. Refer to what you were told over the phone.

Best of luck, and of course keep in mind your husband can also go for citizenship since he has met the criteria himself.