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EEA National: which date under section 1.3

Posted: Sat Sep 26, 2015 8:06 pm
by albi77
Hello and thanks in advance for your help,

I am an Italian national applying for British citizenship (I have no PR document so I will complete sections 2.4-2.5 of the application).
I have been in the uk since September 2002. Reading the FAQs, I thought that the date of me gaining PR (to include in field 1.3) should be in September 2007.

However in the sections 2.4 I am anyway asked to give details of how I exercised Treaty rights over the last 6 years, does this mean that I should use a different PR date (i.e. September 2014)?

I spoke to someone at the HO and they weren't sure and in fact advised that "maybe I should leave 1.3 blank and just mentioned the date of when I first moved to the UK in field 2.1".

Anyone who has completed an application in a situation similar to mine?

Thanks again!

Re: EEA National: which date under section 1.3

Posted: Sat Sep 26, 2015 10:45 pm
by noajthan
albi77 wrote:Hello and thanks in advance for your help,

I am an Italian national applying for British citizenship (I have no PR document so I will complete sections 2.4-2.5 of the application).
I have been in the uk since September 2002. Reading the FAQs, I thought that the date of me gaining PR (to include in field 1.3) should be in September 2007.

However in the sections 2.4 I am anyway asked to give details of how I exercised Treaty rights over the last 6 years, does this mean that I should use a different PR date (i.e. September 2014)?

I spoke to someone at the HO and they weren't sure and in fact advised that "maybe I should leave 1.3 blank and just mentioned the date of when I first moved to the UK in field 2.1".

Anyone who has completed an application in a situation similar to mine?

Thanks again!
Kindly note the form is generic and is used by all sorts of applicants.
As an EEA national you don't have ILR as your settled status is obtained via PR.
So you could leave Q1.3 (which asks about ILR) blank.

You explained you have been in UK since 2002 but you may or may not have been exercising treaty rights as a qualified person since then.
In any case to automatically acquire PR it's only necessary to exercise rights for 5 years.
(And once you have acquired PR you can only usually lose it by a 2 year absence from UK).

So, depending on your economic activity in UK, you may or may not have acquired PR in 2007.
You may well have got it after some other 5 year period since 2002.

Just living in UK for 5 years is not enough in itself to have acquired PR.

It's important to have sufficient documentary evidence to submit to cover your 5 year period of exercising treaty rights in one or more categories of qualified person (eg as a worker, self-employed, student, etc).

The form asks for details of treaty rights activities for past 6 years.

If you believe your 5 year period of exercising treaty rights was fulfilled over another period perhaps the best course of action would be to detail that in the 'additional information' section of the form.
You will anyway be providing your documentary evidence to support it.

Good luck.

Re: EEA National: which date under section 1.3a

Posted: Sat Sep 26, 2015 11:55 pm
by albi77
Many thanks noajthan.

I have been continuosly in employment since 2002 so I suppose the easiest option will just be to provide details of my work over the last 6 year in Q2.4. Will I still have to repeat the same information in 2.5 though?
In terms of evidence I will send my P60s to cover the last 6 years as well as bank statements (that should be sufficient I hope!?).

Again, thanks for your help.

Re: EEA National: which date under section 1.3a

Posted: Sun Sep 27, 2015 12:31 am
by noajthan
albi77 wrote:Many thanks noajthan.

I have been continuosly in employment since 2002 so I suppose the easiest option will just be to provide details of my work over the last 6 year in Q2.4. Will I still have to repeat the same information in 2.5 though?
In terms of evidence I will send my P60s to cover the last 6 years as well as bank statements (that should be sufficient I hope!?).

Again, thanks for your help.
If that's the case it sounds like it's going to be relatively easy for you.

I think the information for Q2.5 is slightly more detailed than that required for Q2.4.
But yes, both questions to be answered.

To show lawful residence in UK you could use letters from employers, government departments, voter registration & etc;
ie to demonstrate presence in UK (as your passport may not have been stamped on entry/exit).

To show your exercising of treaty rights as a worker then yes, include a bunch of P60s, statements & similar.