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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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hello,I would like to apply for British Citizenship through

Resolved Question:

hello, I would like to apply for British Citizenship through Naturalisation. I live in the UK since 2005, I have two children and they both British Citizens by now. I am Hungarian. I was working until august 2008, but since then I am at home with my children. My youngest one is 3 years old. Currently I am receiving benefits . I am not employed, jobseeker or self employed. I went through the AN requirements guide and it says: "Categories of EEA and Swiss Nationals who may have the right to reside permanently in the UK Workers – this includes: • .... • Those between jobs (for example, women who have ceased employment on becoming pregnant but who intend to resume employment at some point after the birth) • ...." This in my best beliefs applies to me. In the AN guide it says: "FOR APPLICANTS FROM SWITZERLAND OR THE EUROPEAN ECONOMIC AREA • Evidence of exercising Treaty Rights for 5 years for the relevant EEA national. This may include: o P60 tax certificates covering the relevant period of 5 years o Employer’s letter confirming employment over the relevant period o Benefits letter confirming job seekers’ allowance claimed throughout the relevant period of 5 years o Benefits letter confirming incapacity benefit claimed throughout the relevant period of 5 years o Documentary evidence confirming pension received throughout the relevant period of 5 years • For individuals who are self-employed / business person: o Evidence from the HM Revenue and Customs confirming payment of tax over the relevant period • For Students: o Letter from the public or private establishment confirming that you were enrolled on a course of study, including vocational training, throughout the relevant 5 year period. o Evidence that you are covered by sickness insurance against all risks in respect of yourself and any accompanying family members in the UK.16 • If you are a self-sufficient person: o Evidence of funds in the form of bank accounts covering the relevant period and o Evidence that you are covered by sickness insurance against all risks in respect of yourself and any accompanying family members in the UK. • If you are retired: o Evidence that you are receiving a state pension – not an occupational pension • If you have been unable to engage in economic activity due to incapacity: o Submit a doctor’s letter or medical report as confirmation of this. The doctor’s letter or medical report should state if the incapacity is likely to be permanent. • If applying as the direct family member of an EEA national: o evidence of relationship to that EEA national" and unfortunately as I am not employed for almost 6 years now I cannot provide the papers listed above for the last 5 years. My question is whether I can receive the British Citizenship? I really would like to know befor making my application as in my best knowledge if my application is unsuccessful I will not get the application fee back. Thank you in advance for your answer


More information:


When I applied for my children for thr British Citizenship I provided the benefit papers for the previous 5 years and after the application they called me that they need my children father's papers as evidence of exercising treaty rights-they did not accept my benefit papers.

Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I am afraid you do not qualify for British Citizenship as you have not been exercising treaty rights for 5 years in order to be deemed eligible for permanent residency.

You are required to have exercised treaty rights for the 5 years and it appears that you have only exercised treaty rights for only 3 years from 2005 to 2008.

Sorry, but I can only advise you truthfully.
Customer: replied 3 years ago.

thank you.The thing is that I do have permanent residency for more than 5 years now, issued by the Home Office.

Expert:  UKSolicitorJA replied 3 years ago.
If you already have a permanent residency card, that is great news as you are now eligible then to apply for naturalisation as a British Citizen.

Once you get your permanent residency, you are free to do what you like in the UK and do not need to be exercising treaty rights.

Provided that you have passed the life in the UK test and meet the English language qualification you may go ahead and apply.

All the best
Customer: replied 3 years ago.

Thank you again. I do have the Life in the UK test (hope it does not expire as passed 2 years ago) also have an ESOL level 2.Hopefuly this bit is fine.


If I make my application and they ask proof of exercising treaty rights what shall I send them? sorry just checked : my residence documentation from the Home Office is called Registration Certificate and was issued on 13/03/2008-less than 5 years ago. It is a small blue book. Is it the permanent residency card?

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid it is not the same as the permanent residency card.

In that case, I am afraid my original answer still stands and you are not eligible to apply for British Citizenship.

Sorry. Please take a second to rate the answer
Customer: replied 3 years ago.

Oh. I was sure this is the residency card. Looks I have wrong informations.


In this case I would like to ask if you could explain me why this bit "Categories of EEA and Swiss Nationals who may have the right to reside permanently in the UK Workers – this includes: • .... • Those between jobs (for example, women who have ceased employment on becoming pregnant but who intend to resume employment at some point after the birth) • ...." does not apply to me? Also if I am not eligible to apply by myself, can I make a joint application with my husband? he can proof everything they need, the only thing is that we are not living together for a while..

Expert:  UKSolicitorJA replied 3 years ago.
Because you say you are not seeking a job which means that there is no intention to resume employment after pregnancy.

If you are able to show that you are a job seeker and have registered with the job centre, employment agencies etc. then you may argue the point that you qualify.

Naturalisation is at the discretion of the Home Secretary, it is not dependent on EU laws.

The husband route will not help as you need to qualify in your own right I am afraid.

All the best
Customer: replied 3 years ago.

Thank you again. regarding registering as a jobseeker, for how long I need to be registered before making the application for Naturalisation?


Sorry for the coming up questions or to be pain, I really would like to know if there is any option for the successful application.

Expert:  UKSolicitorJA replied 3 years ago.
There is no time period mentioned, you need to be a genuine job seeker and genuinely looking for work with a view to starting work. if you are simply doing it to get naturalised, your application may be refused.

I am sorry but I have helped as much as I can. If you need detailed assistance, please hire a solicitor to help with your application.

All the best
Customer: replied 3 years ago.

I know you helped a lot and I do understand it would be the time to finish. I have tried to go back to work but I could not find anything. I had to leave my workplace after my son was born because since he was born he is having health issues and I have to take him for appointments and surgerys very often. I do not believe there is an employer who would let me missing from my workplace this lot. I do not have family here to help with my son. Also it is hard to find a job to suit school hours and I would need to pay someone to look after for my daughter too, or to pay for more hours at the nursery. I am a lone parent. I would not register as a jobseeker only for the naturalisation I would be so happy to find a suitable job and go back to work.I also do not know if I can register in my current situation. And even I am aloud to register as a jobseeker it would not cover the last 5 years-would it be ok with the application for Naturalisation or they could still refuse it?


 

Expert:  UKSolicitorJA replied 3 years ago.
You must be exercising treaty rights as a job seeker or self sufficient person for 5 years continuously, in your case, you claimed benefits and cannot say that you were self sufficient.

I am very sorry, but your naturalisation could be refused which is why the Home Office asked for your husbands documents to grant British Citizenship to your children and did not grant on your status.

Sorry
Customer: replied 3 years ago.

I see. so to make it clear: even if I register as a jobseeker and start to look for work the "Those between jobs (for example, women who have ceased employment on becoming pregnant but who intend to resume employment at some point after the birth) •" bit will still not applies to me due to during the last 5 years i have received benefits?

Expert:  UKSolicitorJA replied 3 years ago.
It would seem so. Your 5 year clock starts again.

Please remember to rate the service so I am credited for my time.
Customer: replied 3 years ago.

i am sorry. even you gave a lot from your time and tried to give me accurate informations I am not convinced and still confused.


You wrote earlier:Because you say you are not seeking a job which means that there is no intention to resume employment after pregnancy.

If you are able to show that you are a job seeker and have registered with the job centre, employment agencies etc. then you may argue the point that you qualify."


Also the requirements leaflet does not state that during the period between pregnancy and resuming employment the person has to be self sufficient. it neither says anything about the time only says "at some point"

Expert:  UKSolicitorJA replied 3 years ago.
You may try arguing your point with the Home Office as they may exercise discretion in your favour. Remember, naturalisation applications are discretionary and may or may not be granted.

Remember it is whether or not the Home Office accepts your point that you are a genuine job seeker and intended to resume work at some point after your pregnancies.

Hope this clarifies
Customer: replied 3 years ago.

i am very sorry but for me I have not received the answer for my question.I still do not know if the pregnancy bit applies to me or not as it does not say that when between jobs I cannot receive benefits and have to be self sufficient, it does not say anything about the time regarding to for how long I can be between jobs- I know my situation but still do not have the answer if my situation suit in this bit.


Also you wrote I may try arguing with the Home Office but to do that I have to make my application. This is what I would like to do only If I can be sure that I do have the chance to be successful with my application. I have started this conversation because I would not like to loose a lot of money with an unsuccessful application and I hoped to get the answer , but I am still there where we are started. I am so sorry.

Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I have done some further research into your question and would answer as follows:

As the law currently stands, you are not deemed to be a permanent resident as you have not exercised treaty rights for 5 continous years in the UK;


As such, you are not eligible for naturalisation as a UK citizen.

The Home Office has addressed this issue in the past and provided the following guidance:

If an EU citizen has left her her job due to pregnancy or quits after
the birth of a child in order to become a full time carer then she is no
longer classed as a qualified person under the definition of 'worker' as
defined by the Immigration (European Economic Area) Regulations 2006.
This is because she will not be actively seeking work. However, she may
be in a position to be regarded as a qualified person on the basis of
self-sufficiency as long as evidence of self-sufficiency can be provided
as detailed on regulation 4(1)(c). (you have been claiming benefits and therefore no self sufficient)

A woman who has stopped work temporarily because of pregnancy or
childbirth will continue to be classed as a worker as along as she
remains subject to a contract of employment. (not applicable in your case)

The UK Supreme Court has referred the matter to the European Court of Justice and the judgement is not yet out. See here:

http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKSC/2012/49.html&query=saint+and+prix&method=boolean

Hope this clarifies
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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