Not exercising treaty rights

[Gatooo]

Hello,

I have a few questions in regards to become a UK citizen.

I moved to the UK in 2011 so I am aware that I am not yet ready to get PR or become a citizen. However I applied for a residence card (I am a EEA National) and got denied because I am currently unemployed and not registered with the job center.

I stopped working by the end of April and have been job hunting ever since. So apparently I am not exercising treaty rights and I am now wondering if I'd have any problems apply for citizenship down the line in a few years.

If I'd go to the job center now and mentioned that I have been unemployed since April will that be sufficient enough to prove that I have lived here? Or will I have problems becoming a citizen especially since I got the residence card denied?

I was also wondering if I'd move to Canada for 300 days if I'd still be entitled for citizenship (since it says on the website that you can leave the country for up to 450 days in the 6 years and I haven't left the U.K ever since I came here)

Thanks guys.

[noajthan]

Hello,

I have a few questions in regards to become a UK citizen.

I moved to the UK in 2011 so I am aware that I am not yet ready to get PR or become a citizen. However I applied for a residence card (I am a EEA National) and got denied because I am currently unemployed and not registered with the job center.

I stopped working by the end of April and have been job hunting ever since. So apparently I am not exercising treaty rights and I am now wondering if I'd have any problems apply for citizenship down the line in a few years.

If I'd go to the job center now and mentioned that I have been unemployed since April will that be sufficient enough to prove that I have lived here? Or will I have problems becoming a citizen especially since I got the residence card denied?

I was also wondering if I'd move to Canada for 300 days if I'd still be entitled for citizenship (since it says on the website that you can leave the country for up to 450 days in the 6 years and I haven't left the U.K ever since I came here)

Thanks guys.

Employment is not necessary to become a citizen but you have to have settled status in UK.
For an EEA national that means PR.

If you are not yet exercising treaty rights (for example as a workr, jobseeker, student etc) the date you acquire PR/settled status will be pushed back.
So it will push back the time you may become eligible to apply to naturalise.

Being registered at a jobcentre is not the only proof of residency & simply mentioning a date in the past is unlikely to be accepted.
There is also a 6 month rule on jobseeking you probably need to look into.

On absences you need to read the guidance on absences per year & absences in last year before applying for naturalisation.

[secret.simon]

PR requires five continuous years of exercising treaty rights. Exercising treaty rights means
a) Studying (requires CSI or EHIC card from a non-UK authority)
b) Self-sufficient (requires CSI)
c) Working
d) Jobseeking

Merely being resident in the UK does not count.

You mentioned that you have been job hunting since April. You do not need to be registered at a Jobcentre, but it helps.

But do you have other proof of jobseeking? Emails of resumes sent out, job interview invitations, etc? Did you provide proof of such activity during your application for a residence card to prove that you are jobseeking?

If the Home Office does not think that you are jobseeking, the PR clock will stop and you will need to start another five years of exercising treaty rights.

As regards Canada, I would not travel to Canada for 300 days at a stretch.

[CR001]

I was also wondering if I'd move to Canada for 300 days if I'd still be entitled for citizenship

Absences of 6 months or more breaks the residence continuity and you would have start from scratch with another new 5 year period exercising treaty rights when you return the UK.

[Gatooo]

You mentioned that you have been job hunting since April. You do not need to be registered at a Jobcentre, but it helps.

Thank you guys for the fast responses.

I am afraid that I won't have enough emails to back up the unemployment gap. To be honest I am a little disappointed because I didn't want to claim benefits because I can live off my savings for a while and I didn't want to take advantage of the system. I know regret my decision and basically have to start another 5 years if I understand correctly. Disappointing but I am truly thankful for your responses.

I have read somewhere that for citizenship I'd only need to live here for 5 years since I have proof of living here (rent obviously and other activities on my bank account) but that changes everything.

[secret.simon]

To be honest I am a little disappointed because I didn't want to claim benefits because I can live off my savings for a while and I didn't want to take advantage of the system.

I commend you for your sentiments. Did you have private health insurance or proof of being covered by the social insurance of your home country during this period? Then this period will still count on the self-sufficiency basis.

Registering with the Job centre does not mean only claiming benefits. You could have registered with the Job centre and not claimed any benefits.

If your period of exercising treaty change has been broken anyway, you still have the option to go to Canada, come back and start a new period of exercising treaty rights (assuming that the UK is still in the EU).

I have read somewhere that for citizenship I'd only need to live here for 5 years since I have proof of living here (rent obviously and other activities on my bank account)

That is so blatantly incorrect that I have to ask for a link to the source of this assertion.