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Exercising treaty rights: Applying for BC by a non-EEA family member of an EEA national

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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MS982C
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Posts: 7
Joined: Wed Dec 19, 2018 7:33 pm
Netherlands

Exercising treaty rights: Applying for BC by a non-EEA family member of an EEA national

Post by MS982C » Wed Jan 06, 2021 1:10 am

Hi everyone,

I am an EU national married to a non-EEA national who wishes to apply for British Citizenship.

My wife has settled status (ILR) and has lived in the UK for more than 5 years. She has not exercised her treaty rights (self-employed, worker, self-sufficient, jobseeker, etc) but acquired Settled Status through me. She has been taking care of the house and kids. I have been self-employed and have been exercising my treaty rights for 10 years. She has all the other documentation and has passed her Life in the UK exam and B1 English speaking exam.

My question is, will she be able to apply for BC?

Below is an extract from the official form:

"EEA or Swiss nationals and their family members granted indefinite
leave to enter or remain (settled status) under the EU Settlement
Scheme

It is a requirement that you were here lawfully in the 3 or 5 year period before making your
application. This includes complying with any additional requirements, such as having
comprehensive sickness insurance if you needed it prior to being granted pre-settled or settled
status. You can tell us about any additional factors that may help us decide your application at
section 7.10.
2.6 Please state on what basis you were in the United Kingdom. Include information for the last
5 years, or 3 if you are married or in a civil partnership to a British citizen. If you have entered
employment details in section 1.50, you do not need to re-enter this information. Continue on a
separate sheet of paper if necessary. Please include the date you were granted pre-settled status
(if applicable):"

The form then asks about "Basis of stay, for example, worker, student, self-employed, self-sufficient, retired or incapacity"

And finally states:

"If for some of this time you were not here as a worker, student, self-employed, self-sufficient,
retired or incapacitated person, but were here lawfully because you had previously acquired
permanent residence, you need to provide evidence to show that."

Thank you for your help!

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