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EU Treaty Rights
Posted: Mon Apr 08, 2013 9:28 pm
by mra
Hello,
I am a Portuguese (EU) national and I intend to apply for British citizenship on the basis of five years residence in the UK. I am currently working part-time (24hr/week) and studying (full-time). Before my studies, I worked full-time in the UK for 5 years.
Can I exercise the Treaty Rights solely as worker or do I have to exercise the Treaty Rights as worker and student?
Any thoughts are much appreciated?
Best wishes
Marcelo
Posted: Mon Apr 08, 2013 9:36 pm
by John
Five years exercising Treaty Rights in the UK is probably insufficient! You also need to have at least one year on PR status (unless you are married to (or in Civil Partnership with) a British Citizen).
PR status is only obtained after five years exercising Treaty Rights in the UK, and of course 5+1= 6 years.
Posted: Mon Apr 08, 2013 9:42 pm
by Jambo
If you work (even part time), that's enough to be considered exercising treaty rights.
If you worked for 5 continuous years, you have obtained PR. You don't need to exercise treaty rights after that.
Posted: Mon Apr 08, 2013 10:16 pm
by mra
For further clarification, I have worked full-time since 2005 and then part-time from 2010. I worked for 8 continuous years and for the same employer.
Based on your comments, it seems that I have exercised the Treaty Rights as worker (even part-time) and given that I have been living in the UK over 6 years, I may have acquired PR status.
Thank you for your prompt and helpful comments!
Posted: Mon Apr 08, 2013 11:11 pm
by Jambo
You should be aware that there are disadvantages of becoming British. You will not be able to use EEA regulations to bring family members to the UK in future and will be subject to the stricter UK immigration rules (in case this is option).
Posted: Tue Apr 09, 2013 11:56 am
by reda
Jambo wrote:You should be aware that there are disadvantages of becoming British. You will not be able to use EEA regulations to bring family members to the UK in future and will be subject to the stricter UK immigration rules (in case this is option).
hi Jambo,
do you have any link support that.