How to exercise Treaty Rights?

[allain]

Hey Guys
I already have RC for 5 years, and my wife's employer just stopped paying SMP after 10 months of new baby born, she don't have any job atm.
I want to ask how can she exercise treaty rights? So it won't effect my PR which is after two years.

Thanks

[vinny]

A person with PR is exercising treaty rights.

Family members have extended right of residence.

[allain]

A person with PR is exercising treaty rights. Family members have extended right of residence.

I am sorry Vinny i don't understand, yes my wife already got PR. Does she not need to exercise treaty rights anymore?
Thanks

[vinny]

I think she continues to exercise treaty rights under Regulation 15.

[vinny]

EEA permanent right to reside: resident over 5 years

The EEA Regulations set out that after a period of 5 years of continuous lawful residence in the UK (in accordance with EEA Regulations that were in force during that 5 year period), an EEA national, or a family member of an EEA national, who is in the UK acquires a right of permanent residence that does not require them to be exercising a Treaty right. This right can only be lost through an absence from the UK of more than 2 consecutive years.

[allain]

EEA permanent right to reside: resident over 5 years

The EEA Regulations set out that after a period of 5 years of continuous lawful residence in the UK (in accordance with EEA Regulations that were in force during that 5 year period), an EEA national, or a family member of an EEA national, who is in the UK acquires a right of permanent residence that does not require them to be exercising a Treaty right. This right can only be lost through an absence from the UK of more than 2 consecutive years.

Thanks Vinny for the reply.

I want to ask if it will effect my ILR application or PR application? because i have to choose one method to apply for Naturalisation.

Regards

[vinny]

If she has PR, then her current lack of job shouldn't affect your PR application.

[Obie]

A person with PR is exercising treaty rights.

Indeed.

That is an interesting point you made. It is not only qualified person that are exercising treaty right. A person Residing in the UK with a permanent Right of Residence, is indeed exercising her treaty rights under Article 21 of the Treaty of Lisbon.