married to uk citizen- exercising treaty rights?

[vikingwife]

Hi, I hope someone here can answer my question. I am a EU citizen married to a uk citizen since 10 years and have lived in the uk for 7 years. I have been at home looking after my children (we have 3) ever since we moved to the uk and my husband has been working and supporting the family. After sending in my application for naturalisation I have now recieved a letter asking me to prove that I have exercised treaty rights for the last 5 years. Do I still need to do that? I thought if I was married to a british citizen that would not be necessary, and definitely not for 5 years? Hope someone here knows something about this.

[CR001]

To qualify for citizenship as an EU citizen, you need to prove you have acquired PR, which is the result of exercising your treaty rights for 5 years (working, self sufficient, student, etc, the latter two requiring comprehensive sickness insurance - CSI). If you have held CSI for 5 years, then you will need to submit proof. Have you been claiming any benefits?

Being married to a British citizen does not remove the requirement you need to meet as an EU citizen. The only benefit of your British spouse is that you would not have to wait 12 months with PR before being able to apply for citizenship.

From tomorrow (12th), you will also need to submit proof of PR in the form of a residence card confirming permanent residence.

[vikingwife]

I have not been claiming benefits. I had a EHIC card when I first moved here, but didn't think I needed to keep it. I have applied as self sufficient and can prove I have enough money, but I don't have a sickness insurance. I still wonder about the 5 years, in the guidance booklet it says I only needed to live in the UK for 2 years before applying if I'm married to a British citizen?

[noajthan]

I have not been claiming benefits. I had a EHIC card when I first moved here, but didn't think I needed to keep it. I have applied as self sufficient and can prove I have enough money, but I don't have a sickness insurance. I still wonder about the 5 years, in the guidance booklet it says I only needed to live in the UK for 2 years before applying if I'm married to a British citizen?

You will need to find that old EHIC card in order to have a chance to confirm you were exercising treaty rights in UK. (It must be a foreign-issued EHIC too).

If you cannot prove exercise of treaty rights (in one or more category of qualified person, including self-sufficiency) then, unfortunately, your PR clock will not have been running.

The guidance is clear, EEA nationals do need 5 years residency "even if married to BC" in order to acquire something akin to settled status, ie PR;
(note PR is not ILR - references to 'ILR' do not apply to you as an EEA national).

See naturalisation guidance booklet:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- ref section 2, on page 6

[vinny]

Moreover, from 12 November 2015, they require you to submit the confirmation of PR when applying for naturalisation.

[Ishjon]

Hi, I hope someone here can answer my question. I am a EU citizen married to a uk citizen since 10 years and have lived in the uk for 7 years. I have been at home looking after my children (we have 3) ever since we moved to the uk and my husband has been working and supporting the family. After sending in my application for naturalisation I have now recieved a letter asking me to prove that I have exercised treaty rights for the last 5 years. Do I still need to do that? I thought if I was married to a british citizen that would not be necessary, and definitely not for 5 years? Hope someone here knows something about this.

Hi, if you don't mind can you please give us your time line, when did you send your application to HO?