How to exercise Treaty Rights?

allain · Post by **allain** » Fri Feb 02, 2018 2:06 am

Hey Guys
I already have RC for 5 years, and my wife's employer just stopped paying SMP after 10 months of new baby born, she don't have any job atm.
I want to ask how can she exercise treaty rights? So it won't effect my PR which is after two years.

Thanks

vinny · Post by **vinny** » Fri Feb 02, 2018 2:22 am

A person with PR is exercising treaty rights.

Family members have extended right of residence.

allain · Post by **allain** » Fri Feb 02, 2018 2:28 am

vinny wrote: ↑
Fri Feb 02, 2018 2:22 am
A person with PR is exercising treaty rights. Family members have extended right of residence.

I am sorry Vinny i don't understand, yes my wife already got PR. Does she not need to exercise treaty rights anymore?
Thanks

vinny · Post by **vinny** » Fri Feb 02, 2018 2:30 am

I think she continues to exercise treaty rights under Regulation 15.

vinny · Post by **vinny** » Fri Feb 02, 2018 2:50 am

European Economic Area (EEA) administrative removal wrote:EEA permanent right to reside: resident over 5 years

The EEA Regulations set out that after a period of 5 years of continuous lawful residence in the UK (in accordance with EEA Regulations that were in force during that 5 year period), an EEA national, or a family member of an EEA national, who is in the UK acquires a right of permanent residence that does not require them to be exercising a Treaty right. This right can only be lost through an absence from the UK of more than 2 consecutive years.

allain · Post by **allain** » Fri Feb 23, 2018 4:41 pm

vinny wrote: ↑
Fri Feb 02, 2018 2:50 am

European Economic Area (EEA) administrative removal wrote:EEA permanent right to reside: resident over 5 years

The EEA Regulations set out that after a period of 5 years of continuous lawful residence in the UK (in accordance with EEA Regulations that were in force during that 5 year period), an EEA national, or a family member of an EEA national, who is in the UK acquires a right of permanent residence that does not require them to be exercising a Treaty right. This right can only be lost through an absence from the UK of more than 2 consecutive years.

Thanks Vinny for the reply.

I want to ask if it will effect my ILR application or PR application? because i have to choose one method to apply for Naturalisation.

Regards

vinny · Post by **vinny** » Sat Feb 24, 2018 1:32 am

If she has PR, then her current lack of job shouldn't affect your PR application.

Obie · Post by **Obie** » Sat Feb 24, 2018 12:31 pm

vinny wrote: ↑
Fri Feb 02, 2018 2:22 am
A person with PR is exercising treaty rights.

Indeed.

That is an interesting point you made. It is not only qualified person that are exercising treaty right. A person Residing in the UK with a permanent Right of Residence, is indeed exercising her treaty rights under Article 21 of the Treaty of Lisbon.

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