FORM AN - SECTION 2.4 SOMEONE PLEASE REPLY QUICKLY

random73 · Post by **random73** » Wed Jul 17, 2013 5:30 pm

HI

i am filling out the British citizenship form - i hold a dutch passport ( so i am
an EEA national right)

i have been in the Uk since 2000 when i was about 6/7 years old so i'm sure i have permanent residence in the uk. do i still have to fill out section 2.4 for exercising treaty rights. i have been a student since i came up until now (primary school and in uni now). the evidence for section 2.4 if you are a student is that u need to show u had comprehensive health insurance :s

i dont have that, i am entitled to nhs healthcare and i permanently live here and if i go back 6 years i would have been under 18 so i would not have been able to get insurance myself

therefore i am very confused about whether i should fill in section 2.4 . someone please help i would really appreciate it

Post by **Jambo** » Wed Jul 17, 2013 8:19 pm

It seems that your status would depend on your parents activities in the UK. Did one of your parents work in the UK for continuous 5 years? You could apply based on that.

random73 · Post by **random73** » Wed Aug 21, 2013 6:09 pm

They said i have to show evidence that either of my parents have been excercising their treaty rights for the 5 years (2007-2013)

My mum was recieving jobseekers and child benefit (still is) and since last year march she has been working.
What should i send as evidence? All her payslips or some? She does not have a letter confirming her employment dates or contract. However she did get a p60 for the first full year she worked.

As for the evidence i need to give before she started working what should i give? Benefit letters? If so how many? Just one, or one fot each year. For jobseeker i dont think they send you yearly statements or anything.
I really appreciate your help

Post by **Amber** » Thu Aug 22, 2013 10:15 am

If you telephone (try 0800 055 6688) the DWP they will send a statement saying when JSA was paid.

random73 · Post by **random73** » Thu Aug 22, 2013 10:36 am

Okay what about the payslips, how many should we send?

Post by **Jambo** » Mon Sep 02, 2013 11:24 am

Did any of your parents work for a continuous period of 5 years since 2000?

JSA can be used as proof of treaty rights but that would also depend on the circumstances. Did she work before that? For how long? Was she made redundant?

random73 · Post by **random73** » Mon Sep 02, 2013 11:32 am

My mum recieve jsa from 2010-2012. In may 2012 she got a job which she is still working at now. Before 2010 she received child benefit.

I have to show evidence of treaty rights for her from 2007-to date. So im sending child benefit letters 2007-2013, jsa letters showing dates she recieved it, and her p60 and payslips after that.

Child benefit was included in the list of alternative evidence when they sent the letter

Post by **Jambo** » Mon Sep 02, 2013 12:05 pm

random73 wrote:I have to show evidence of treaty rights for her from 2007-to date.

Not necessary. You need to show she has obtained PR. This can be done for any continuous 5 years period since she arrived to the UK assuming she didn't leave the UK for more than 2 years since.

What has she done since arriving to the UK? Is your father in the UK?

Child benefit is not proof of treaty rights. It is alternative proof of residence in the UK (which is why it was mentioned in the letter). The issue here is treaty rights and not residence.

random73 · Post by **random73** » Mon Sep 02, 2013 12:19 pm

Since 2007 she has been looking after my siblings who were under 16 so she was recieving child benefit and income support. Then in 2010 she started jsa and found a job in 2012 and so has been working since. What does this mean? She has not gained pr?

Post by **Jambo** » Mon Sep 02, 2013 12:43 pm

If she arrived only in 2007, did she have a private health insurance (CSI) to cover her while she was not working? If not, she probably have not obtained PR. You also don't seem to have obtained PR status so your naturalisation application is likely to fail.

random73 · Post by **random73** » Mon Sep 02, 2013 12:48 pm

We arrived in 2000 so we have been here for 13 years. They have asked for evidence of either parent exercising treaty rights from 2007. No we only have the EHIC card.

How have i not gained pr status. I understand how my mum may not have gained it but what about me. It's sad that my application being refused or accepted depends on my parents.

Since i came i have been studying, i'm at uni now and working part time.

Post by **Amber** » Mon Sep 02, 2013 1:11 pm

Although EU is not my forte, what about the Chen and subsequent cases? Could they not have the right to reside then?

random73 · Post by **random73** » Mon Sep 02, 2013 1:15 pm

Whats the chen case? I really hope they accept the evidence i sent otherwise thats £800 down the drain

Post by **Jambo** » Mon Sep 02, 2013 1:17 pm

random73 wrote:We arrived in 2000 so we have been here for 13 years. They have asked for evidence of either parent exercising treaty rights from 2007. No we only have the EHIC card.

How have i not gained pr status. I understand how my mum may not have gained it but what about me. It's sad that my application being refused or accepted depends on my parents.

Since i came i have been studying, i'm at uni now and working part time.

Although they have asked for evidence from 2007, if you can provide evidence from previous years that one of your parents have obtained PR (for example: by working from 2002-2207), that would be accepted.

For your period of study, if you can provide evidence of private health insurance, that time would be considered treaty right. You can argue it's not fair as you are entitled to NHS anyway but that's how the UK interpret the EU regulations. They require private health insurance from students.

Post by **Jambo** » Mon Sep 02, 2013 1:19 pm

D4109125 wrote:Although EU is not my forte, what about the Chen and subsequent cases? Could they not have the right to reside then?

The question is not of right of residence as the OP is a Dutch national but whether he has obtained PR to support his naturalisation application.

Post by **Jambo** » Mon Sep 02, 2013 1:26 pm

I made the assumption that your parents are Dutch too. Is that the case?

If not, on what basis have they been living in the UK so far?

Post by **Amber** » Mon Sep 02, 2013 1:35 pm

So chen is just a so-called derivative right of residence and cannot be combined to equal PR.

random73 · Post by **random73** » Mon Sep 02, 2013 1:37 pm

Yes my dad is no longer around. He was working while he was here but it's very unlikely i'll be able to find the paperwork. My mum has just been a single mum looking after her children and the job she has now is her first job since she has arrived here.

Post by **Amber** » Mon Sep 02, 2013 1:42 pm

In your case, it would have been advantageous to apply for a PR card first.

Post by **Jambo** » Mon Sep 02, 2013 1:44 pm

random73 wrote:Yes my dad is no longer around. He was working while he was here but it's very unlikely i'll be able to find the paperwork. My mum has just been a single mum looking after her children and the job she has now is her first job since she has arrived here.

The first thing to establish is whether you have obtained PR. You can later work on getting the supporting evidence to prove it.

So has your father worked for 5 continuous years since arriving to the UK?

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FORM AN - SECTION 2.4 SOMEONE PLEASE REPLY QUICKLY

FORM AN - SECTION 2.4 SOMEONE PLEASE REPLY QUICKLY