Is it a requirement to exercise treaty rights when applying settled status SS route?

Hello again.

I just want to clarify about this, we arrived in UK in 2014 then got UK RC straight away through SS route. I am now ready to apply for settled status but I got a bit worried as I cannot find my husband’s P60 from 2018 and only found 1 pay slip on the same year (I got everything from 2014 to 2017 then 2019). Now I’m panicking that they will questioned my application due to a year gap of not working (as they will see this that way).

Someone told me it’s not a requirement to exercise treaty rights, is this right?

Thank you

It's always possible to contact a previous employer and ask for a letter. They have templates for that and these letters are powerful tools that the person was working in the company during the stated period.

Zerubbabel wrote: ↑

Sat Aug 31, 2019 6:15 pm

It's always possible to contact a previous employer and ask for a letter. They have templates for that and these letters are powerful tools that the person was working in the company during the stated period.

He worked in Maplin in 2018 and the company has shut down for good so there will be no way to get a letter from them. Thank you for the suggestion though.

From my original question, do you know if exercising treaty rights is a requirement when applying for settled status? xx

If he worked in Maplin then he must have paid tax.

Call HMRC and tell them you need employment history they can send you for the last 5 years if you need the full history under your NI then you need to send a letter by post.

HMRC number for requesting 5 years history.

03002003300

Yes he has to exercise.

hrak1978 wrote: ↑

Sat Aug 31, 2019 7:14 pm

Yes he has to exercise.

I see. Someone has told me that because we came before 2016 (when they changed the law) we will be exempt for exercising treaty rights.

Also, we came in through Surinder Singh Route so will that be different case with EEA citizen?

I hope someone can clarify this detail for you but you don't want the Home Office case worker to see that gap in the documentation and starts thinking that he might have been abroad or something.

It's not a big deal to give the proof even if the company went bust. HMRC can still provide records. It takes some time (3 weeks last time I asked) but it provides you with a rock solid application.

Zerubbabel wrote: ↑

Sat Aug 31, 2019 8:19 pm

I hope someone can clarify this detail for you but you don't want the Home Office case worker to see that gap in the documentation and starts thinking that he might have been abroad or something.

It's not a big deal to give the proof even if the company went bust. HMRC can still provide records. It takes some time (3 weeks last time I asked) but it provides you with a rock solid application.

I do hope someone will clarify it.

Does the home office accept online print copy of the tax he paid when he was working? I have requested an employment history for myself and it took about 3-4 weeks.

Provided a Surinder Singh person meets the regulations 9 requirements and qualify for residence card at anytime following their return, then treaty rights is not required for the Settled status.

Obie wrote: ↑

Sat Aug 31, 2019 8:51 pm

Provided a Surinder Singh person meets the regulations 9 requirements and qualify for residence card at anytime following their return, then treaty rights is not required for the Settled status.

Hi Obie.
Thank you for clarifying this.
We arrived in June 2014, I got the 5 years UK residence card straight after we arrived, husband exercised his treaty rights in EU country for many years prior to coming back in UK, so to my understanding from your statement, I do not need to show or send evidence of my husband exercising treaty rights for the continuous 5 years here, just the evidence of continuous residence?

Sorry if I sound stupid, I just want to make sure if I understand your statement properly.
Thank you again xx