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Buachaill
Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10170
Experience:  Barrister 17 years experience
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As you have not demonstrated that you have been exercising

Customer Question

As you have not demonstrated that you have been exercising your treaty rights for a continuous periodof 5 years you do not meet the requirement which are set out on our website at www.gov.uk. And your application has been refused. Can you help me Please?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Buachaill replied 10 months ago.
1. Can you better explain the situation. Were you applying for Indefinite Leave to Remain and settlement in the UK? Have you been employed for the last five years? If not, please indicate what else you were doing during the last five year period? Have you been seeking work in the uK when not employed? How long have you been in the UK in total? What is your country of origin?
Customer: replied 10 months ago.
Right I came to the UK in 1992 from Portugal. I Am Portuguese and my wife is British, we have been married for the last 25 years. from the moment I came to England I never been without work and from the last 21 years I have been self employed.
Expert:  Buachaill replied 10 months ago.
2. Dear Luis, you have applied for UK citizenship under the wrong provision. So long as you have been married for three years to your British wife, you are entitled to UK citizenship without first applying for Indefinite Leave to Remain or worrying about exercising Treaty Rights. So you should be aware that once you are married three years to a British citizen and have resided for three years in the UK you are entitled to British citizenship. So you are making a mistake applying for Indefinite Leave to Remain on the basis of five years residence in the UK. Go straight to a citizenship application on the basis of your marriage and three years residence in the uK.
Expert:  Buachaill replied 10 months ago.
3. Please RATE the Answer as unless you RAte the Answer your Expert receives no payment for answering your question.
Customer: replied 10 months ago.
Right I applied these way for keep Dual Nationality. can I have your telephone numer Please.
Expert:  Buachaill replied 10 months ago.
4. Dear Luis, If you want a phone call service, you will have to apply separately. I do not provide that service. Secondly, you should be able to keep your dual nationality based on your marriage to a British citizen and living in the uK. The UK does no prevent or prohibit dual nationality. Many people in the uK possession dual nationality.
Customer: replied 10 months ago.
Are you sure after 20/07/2015 if you are a member of the EEA Nationals you need to exercising EC treaty Rights what is 5 years. ?
Expert:  Buachaill replied 10 months ago.
5. Once you are married to a British woman you no longer need to be exercising Treaty Rights to stay in the uK.
Customer: replied 10 months ago.
When the Home Office wrote to me to tell me my application has been refused because "As you have not demonstrated that You have been exercising your treaty rights for a continuous period of 5 years you do not meet the requirement which are set out on our website". They also informed me that if i believe the decision to refuse my application was not soundly based on nationality law, policy or their procedures and i wish it to be reconsidered, i must complete form NR and pay a fee. What would you advice i should do in this situation? and if i decide to reconsider the refusal, complete the form and pay the fee, what would you recommend me to write?
Expert:  Buachaill replied 10 months ago.
6. What were you applying for?

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