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not exercise treaty rights

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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alarosi
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Joined: Wed Jan 22, 2014 9:31 am

not exercise treaty rights

Post by alarosi » Wed Jan 22, 2014 10:09 am

Hello, I m living in UK for 5 and half years ,I m EEA national but do not exercise treaty rights following bad advice from lawyer ; however When with my husband we got married he was refuge ,now he is a british citizen. In my first 2 years here my husband were working ,but sins the birth of our kid I m in receipt of DLA and my health is the reason for my husband to stop working,he is now my full time carer . Please advice how can I become a british citizen

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: not exercise treaty rights

Post by Jambo » Wed Jan 22, 2014 11:16 am

This might be difficult if you didn't exercise treaty rights. Did you have a private health insurance or non UK EHIC during the 5 years?
Being EEA national you can stay in the UK as long as you wish. You don't need to become British.
Check the FAQ before posting!
Citizenship (adults, children, passport)
EEA (EEA FP, RC, PR, Surinder Singh)

alarosi
Newly Registered
Posts: 4
Joined: Wed Jan 22, 2014 9:31 am

Re: not exercise treaty rights

Post by alarosi » Wed Jan 22, 2014 11:37 am

I do not have insurance , someone in home office said to me that if I m in receipt of DLA for 5 years , that is still exercise of treaty rights , but if its true when and how can I apply for permanent residency ?

Imshzd
Senior Member
Posts: 612
Joined: Sat Mar 23, 2013 2:34 pm
Location: London

Re: not exercise treaty rights

Post by Imshzd » Wed Jan 22, 2014 12:01 pm

alarosi wrote:I do not have insurance , someone in home office said to me that if I m in receipt of DLA for 5 years , that is still exercise of treaty rights , but if its true when and how can I apply for permanent residency ?


This is not true.
Some one in the home office misguide you.

alarosi
Newly Registered
Posts: 4
Joined: Wed Jan 22, 2014 9:31 am

Re: not exercise treaty rights

Post by alarosi » Wed Jan 22, 2014 12:14 pm

so what can I do then , as I see it very hard to exercise treaty rights with work incapacity?! Please advice

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: not exercise treaty rights

Post by Jambo » Wed Jan 22, 2014 12:29 pm

alarosi wrote:someone in home office said to me that if I m in receipt of DLA for 5 years , that is still exercise of treaty rights
The Directive set conditions for worker or self-employed person who has ceased activity. See Regulation 5.
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alarosi
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Joined: Wed Jan 22, 2014 9:31 am

Re: not exercise treaty rights

Post by alarosi » Wed Jan 22, 2014 12:39 pm

thank you to respond to me , this regulation 5 sais if the person 'terminates his activity', but in my case I never been work here, my husband was the one who work in our family. Is it still going to be acceptable as treaty rights if before I m got ill I haven't been work , or can I use the payslips of my husband s job?

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