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I have lived and worked in the UK legally as an EEA national exercising treaty rights from 1998 to present. My Italian passport expired June 2015.

Nothing else in my life circumstances have changed other than moving into a new house.
I am still working in the same job (18 years+) as a qualified person
I am still paying UK income tax
I am still making NI contributions
I still have the same Bank account.

Am I STILL an EEA national exercising treaty rights?
Is that what I write in the ‘current immigration status’ box?

Yea you are.

You have probably acquired PR status by now. If so you don't have to exercise treaty rights anymore (unless you want to).

With all this wild talk of Brexit it may be prudent to secure your position in UK with DCPR.

noajthan wrote:You have probably acquired PR status by now. If so you don't have to exercise treaty rights anymore (unless you want to).

With all this wild talk of Brexit it may be prudent to secure your position in UK with DCPR.

I tried and it was refused on the basis that my Italian Passport has expired. Now I want to apply for ILR as I have lived in the UK for more than 10 years and according to the criteria, working here as an EEA national counts. However I am worried it will be rejected based on the fact that my EEA passport has expired. Although the ILR application form doesn't make it clear that the EEA passport needs to be valid. But the application costs £1875 which is too much to risk on it being rejected on that basis.

Either way, am I still considered living and working here as EEA national exercising treaty rights? Is that what I would write in the 'current immigration status'?

So far I've had one 'yeah'...


(I know, most people would be thinking: JUST GET A NEW ITALIAN PASSPORT!) But I really just want to go down the route required to eventually get a British Passport.

Utilising time under EEA regs for UK LR is at discretion; you would have to show you were a qualified person or else no dice.

If you were a qp you should have acquired PR by now (so no need for LR attempt).
You need rock solid proof ofcourse, noone will give benefit of doubt and rubberstamp you through.

Lack of proof of identity is a biggie and suggests deeper issues beneath the surface.

Have you ever managed to prove Union citizenship and obtain any form of EU docs in UK? EEA(QP)?

new.citizen wrote:
I tried and it was refused on the basis that my Italian Passport has expired. Now I want to apply for ILR as I have lived in the UK for more than 10 years

(I know, most people would be thinking: JUST GET A NEW ITALIAN PASSPORT!) But I really just want to go down the route required to eventually get a British Passport.

In order to apply for ILR, you would need to supply a passport, otherwise your ILR would be refused. So you would need to get your Italian passport renewed.

A year after PR or ILR, you can naturalise... You probably have secured PR already, but naturalisation applications now require proof of PR.

Not having a valid passport of any nationality does not mean you lose that nationality. You cannot get a UK passport without first acquiring British citizenship. To acquire British citizenship, you must first acquire/ confirm PR or ILR which both require you to have a current valid passport (or any nation).

Bottom line, just renew your passport.

noajthan wrote:Utilising time under EEA regs for UK LR is at discretion; you would have to show you were a qualified person or else no dice.

If you were a qp you should have acquired PR by now (so no need for LR attempt).
You need rock solid proof ofcourse, noone will give benefit of doubt and rubberstamp you through.

Lack of proof of identity is a biggie and suggests deeper issues beneath the surface.

Have you ever managed to prove Union citizenship and obtain any form of EU docs in UK? EEA(QP)?

The refusal letter was quite detailed and very specific. I failed to provide a VALID EEA passport. I have rock solid proof of my time here. Bank statements, letter from employer, payslips...all original, no gaps. Rock solid proof 100%

physicskate wrote:

new.citizen wrote:
I tried and it was refused on the basis that my Italian Passport has expired. Now I want to apply for ILR as I have lived in the UK for more than 10 years

(I know, most people would be thinking: JUST GET A NEW ITALIAN PASSPORT!) But I really just want to go down the route required to eventually get a British Passport.

In order to apply for ILR, you would need to supply a passport, otherwise your ILR would be refused. So you would need to get your Italian passport renewed.

A year after PR or ILR, you can naturalise... You probably have secured PR already, but naturalisation applications now require proof of PR.

Not having a valid passport of any nationality does not mean you lose that nationality. You cannot get a UK passport without first acquiring British citizenship. To acquire British citizenship, you must first acquire/ confirm PR or ILR which both require you to have a current valid passport (or any nation).

Bottom line, just renew your passport.

My AUSTRALIAN passport is valid for another 4 years. The ILR just specifies a current passport, it's not specific as to it being an EEA one.

The form says:

If your 10 years continuous lawful residence includes a period of time spent in the UK as an EEA national exercising treaty rights, or as a family member of an EEA national exercising
treaty rights you must complete the following.

I can prove without any problem that I lived lawfully in the UK for 10 years as an EEA national. My concern is the first section where it asks:

D1. What is your current immigration status in the United Kingdom?

What should my answer be if I live in the UK as an EEA national exercising treaty rights but I have an expired EEA passport?

Am I still legally and lawfully living in the UK as an EEA national exercising treaty rights?

new.citizen wrote:

noajthan wrote:Utilising time under EEA regs for UK LR is at discretion; you would have to show you were a qualified person or else no dice.

If you were a qp you should have acquired PR by now (so no need for LR attempt).
You need rock solid proof ofcourse, noone will give benefit of doubt and rubberstamp you through.

Lack of proof of identity is a biggie and suggests deeper issues beneath the surface.

Have you ever managed to prove Union citizenship and obtain any form of EU docs in UK? EEA(QP)?

The refusal letter was quite detailed and very specific. I failed to provide a VALID EEA passport. I have rock solid proof of my time here. Bank statements, letter from employer, payslips...all original, no gaps. Rock solid proof 100%

Identity is first step or its all for nothing.
You can't expect to utilise EEA Regs if all you show is AU passport.
That doesn't prove treaty rights.
No treaty rights no PR.
No treaty rights no LR.
And anyway if you have acquired PR why blow over £1K for LR?!

Prove:
Identity (Union citizen);
Residency;
Absences;
Treaty rights;

Just being a worker is not enough.

So have you ever submitted EU passport and been granted a RC? That simple fact can help you now.

noajthan wrote:

new.citizen wrote:

noajthan wrote:Utilising time under EEA regs for UK LR is at discretion; you would have to show you were a qualified person or else no dice.

If you were a qp you should have acquired PR by now (so no need for LR attempt).
You need rock solid proof ofcourse, noone will give benefit of doubt and rubberstamp you through.

Lack of proof of identity is a biggie and suggests deeper issues beneath the surface.

Have you ever managed to prove Union citizenship and obtain any form of EU docs in UK? EEA(QP)?

The refusal letter was quite detailed and very specific. I failed to provide a VALID EEA passport. I have rock solid proof of my time here. Bank statements, letter from employer, payslips...all original, no gaps. Rock solid proof 100%

Identity is first step or its all for nothing.
You can't expect to utilise EEA Regs if all you show is AU passport.
That doesn't prove treaty rights.
No treaty rights no PR.
No treaty rights no LR.
And anyway if you have acquired PR why blow over £1K for LR?!

Prove:
Identity (Union citizen);
Residency;
Absences;
Treaty rights;

Just being a worker is not enough.

So have you ever submitted EU passport and been granted a RC? That simple fact can help you now.

I had to prove I had the right to work in the UK when I applied for my National Insurance number some 18 years ago. That's all I've ever done with my passport, other than use it to re-enter UK after a holiday.

new.citizen wrote:

noajthan wrote:
So have you ever submitted EU passport and been granted a RC? That simple fact can help you now.

I had to prove I had the right to work in the UK when I applied for my National Insurance number some 18 years ago. That's all I've ever done with my passport, other than use it to re-enter UK after a holiday.

That doesn't help. NI is a different department.

What would help is if HO (EU section) had had sight of a valid EU passport previously;
then you could claim no need to have submitted an EU passport again this time (based on case law).

But if HO have never seen a valid EU id from you before then you need to have submitted it. How else would they know you are entitled to avail of treaty rights.