British Citizenship - EEA nationals exercising EC Treaty Rig

Hello everyone,

I will be applying for British Citizenship soon and I am going through the application form and I have the following questions.

In the application I must provide details for the following section "Section 2: Residence requirements", "EEA nationals exercising EC Treaty Rights":

Subsection 2.4, page 9:
"2.4 If you are an EEA national or the family member of an EEA national, please complete the following section,
showing on what basis you were in the United Kingdom for the last 6 years. This is so we can see whether you were
exercising your Treaty Rights for a continuous period and have acquired permanent residence in the United Kingdom

Please state on what basis you were in the United Kingdom for the last six years. Continue on a separate sheet of
paper if necessary.

Date from; Date to; Basis of stay e.g. worker, student, self-employed, self-sufficient, retired, incapacity; Please provide details of employment, self-employment, school or college"


Subsection 2.5, page 9:
"2.5 If you exercised Treaty rights in employment, self-employment or study, please give details below, starting with the
most recent if more than one employer and/or place of study. If necessary, please continue on page 15 of this
application form."

Subsection 2.6, page 9:
"2.6 If you are an A8 national (see page 10 of the Booklet AN) and you
are exercising your Treaty rights in the UK as a worker, please give date
of registration under the Worker Registration Scheme"



A bit of background information:

I am from Bulgaria.
Bulgaria joined the EU on 01/01/2007.
The working restrictions for Bulgarians were lifted on 01/01/2014.
I first came in the UK in 2008.
I studied in University for 3 years, until graduating in 2011.
I received my Yellow Work Permit on 07/04/2009.
Later I changed the Yellow Work Permit for a Blue Work Permit, which I received on 28/01/2011.
During my time in University I had a part time job from 05/2009 until 07/2011.
I obtained my Indefinite Leave to Remain certificate, from the Home Office, on 22/01/2014.



Question 1: I obtained my Indefinite Leave to Remain certificate, from the Home Office, on 22/01/2014. Do I still need to fill in this section (2.4, 2.5 and 2.6) at all, as in the Guide AN, it says:
"2.4 – 2.6 If you are a national of a member state of the EEA, or the family member of an
EEA national, and do not have indefinite leave to remain in the United Kingdom
you should complete these sections. Please refer to section 6 of the Booklet AN for
further guidance."
and I am an EEA national and I DO have indefinite leave to remain in the United Kingdom?


Question 2: For subsection 2.6 what date should I put? I think the Yellow Work permit was part of Worker Registration Scheme, so should I put the date I obtained the Yellow Work Permit? Or maybe the date I obtained a National Insurance Number?


Question 3: I am not really sure what should I put down for subsection 2.5, should I just copy everything from the table for subsection 2.4?


Question 4: Should I just omit everything about my University part time job, as it was only during the 3 years that I was a student, and being a student should already count for "exercising treaty of rights", and I should not have to include my part time job to prove "exercising treaty of rights"?


Question 5: Do the Yellow Work Permit and Blue Work Permit matter for this British Citizenship application, and do they need to be enclosed? I no longer have the Yellow Work Permit, as I had to send it back when I applied for the Blue one. I still have the Blue one, but it's no longer valid since the working restrictions for Bulgarians were lifted on 01/01/2014 and it's no longer relevant. I do have my Indefinite Leave to Remain which I will enclose. Should I not include the Blue Work Permit as it looks almost identical to the Indefinite Leave to Remain and they might get them confused?


The Application Form AN, Guide AN and Booklet AN can be found here:

Application for naturalisation as a British citizen: form AN:
https://www.gov.uk/government/uploads/s ... N_v1_0.pdf

Naturalisation as a British citizen - a guide for applicants: guide AN:
https://www.gov.uk/government/uploads/s ... N_v1_0.pdf

Naturalisation booklet - the requirements: booklet AN:
https://www.gov.uk/government/uploads/s ... c_2014.pdf


I apologise for being so thorough, it's a very expensive application and I really want to get it right the first time.

Thanks,
atkuzmanov

Any thoughts? Anyone?

If you have a document certifying Permanent Residence following EEA3 application, and this was issued more than 1 year ago, then you can skip 2.4-2.6

Hi Jambo,

Thank you so much for coming back to me on this question!

Yes, I am an EEA national and yes I do have a document certifying Permanent Residence following EEA3 application, and I have had it for longer than 1 year.

I am glad that you are confirming what I thought.

The bit that got me confused was the description on page 9 of the Form-AN, which doesn't say that these subsections are optional:

"2.4 If you are an EEA national or the family member of an EEA national, please complete the following section,
showing on what basis you were in the United Kingdom for the last 6 years. This is so we can see whether you were
exercising your Treaty Rights for a continuous period and have acquired permanent residence in the United Kingdom."

Thanks,
Atanas

It is confusing but the guidance form clears it up.

They do not need to "see whether you...have acquired permanent residence" because you have a document that states that you already have.

I'm also in the process of filling out this form and skipping these sections.

blooms wrote:It is confusing but the guidance form clears it up.

They do not need to "see whether you...have acquired permanent residence" because you have a document that states that you already have.

I'm also in the process of filling out this form and skipping these sections.

That's great! Thank you very much for the confirmation blooms!

atkuzmanov wrote:

blooms wrote:It is confusing but the guidance form clears it up.

They do not need to "see whether you...have acquired permanent residence" because you have a document that states that you already have.

I'm also in the process of filling out this form and skipping these sections.

That's great! Thank you very much for the confirmation blooms!

UPDATE:

I had an NCS (Nationality Checking Service) appointment and they said that the sections should be filled in.
The way I understood it, the sections can be left blank if you have held permanent residence for 5 years, and I have had it for 1 year and a bit.

Hope you see this in time and helps you with your application @blooms!

You do not need to fill those sections once you have PR. Once PR obtained you are not EEA national in UK anymore - you are settled.

Thanks for the update! I have my appt in a few weeks with NCS and I'll report back.
However, I do not intend to fill out those sections. I think the NCS person was mistaken and if they bring it up with me I will point them to the guidance form. I have a PR sticker and thats all I should require since it means a lot of documents were checked in order to obtain that sticker.

In any case, I'll report back!