How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Immigration Law Question Here...
UKSolicitorJA is online now

I would like to apply Citizenship. I am

Customer Question

Hello, I would like to apply for British Citizenship. I am from Hungary and arrived to the UK in October 2009. I got Permanent Residence Card in January 2015. At that time I had been in employment for 5 years however I was on maternity leave and left job afterwards to spend some time with my baby at home (my employment ended in April this year). I am planning to go back to work next year (around spring). At the moment we live from my partner's earnings and getting some child tax credit and child benefit. We live in our house that we bought in this country. My son was born here, too. Can I apply for British Citizenship next year? I am not sure if I am excercising my treaty rights now and I don't want to lose £1000. I have not paid any private health insurance yet however I can buy one if it's not too late. I have had the English exam and I am studying the book now for the Life in the UK test.Any advice? Kind regards, Mary

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello Mary,
As you have obtained your PR card, you do not need to worry about exercising treaty rights, you do not need to exercise treaty rights as you are now a PR in the UK and you may apply for naturalisation next year.
All the best
Customer: replied 2 years ago.

Thank you for your reply. Are you sure of this? Just because on the application form (naturalisation page 13) I need to complete a section 'showing on what basis I was in the UK for the last 6 years. This is for them to see whether I was exercising my treaty rights' (for the last 6 years not just 5 so it seems to be I should exercise this for one more year after obtaining my Permanent residence card)???

Anyway is there any difference between the pr card and pr certificate?There is no card now they just changed after my application.I believe I have the card not the certificate but I can check tomorrow. Probably no difference (?)

Expert:  UKSolicitorJA replied 2 years ago.
I am sure. You need to wait for 1 year after obtaining PR before you can apply for British Citizenship which is why they ask for 6 years history.
Once you obtain PR, you do not need to exercise treaty rights.
PR card is for non EEA family members, PR certificate is for EEA nationals such as yourself.
No difference in practical terms between the two documents.
All the best
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi,

I obtained my pr card in February 2015. My maternity leave ended in this months, too. After that I didn't go back to work and had some paid holiday then my employment stopped.I haven't been in employment since then.In March 2016 I applied for nautralisation and now just got a letter from Home Office. They want evidence of my residence in the UK for the period of 01/2015-03/2016. The enclosed annex outlines the evidence they want. According to this for employed-unemployed people they need letters from employers about employment, wage slips,.p60s or statements of payment of NI or letters from dates of child benefit etc.. why are they asking these? You said I didnt have to exercise my treaty rights after obtaining pr card now I am so worried. I feel they will refuse my application as I stopped work and haven't gone back so far. I am only able to prove that I am getting child benefit after my son. I think because of this I am getting a kind of NI contribution.Do you think I will be refused? What should I do now?

Kind regards,

Mary