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Hi, I am looking for some advice on an ambiguous situation regarding "exercising EU Treaty Rights" definition.

I first entered the UK as a non-EU/EEA citizen in 2009 under a Tier 4 general student visa (until 2013), which was then extended by 4 more years for postgraduate study (without interruption). I am currently still enrolled in a postgraduate course. However, in late 2014 I also became an EU citizen of the country where I grew up before coming to the UK.

I would like to apply for British citizenship in due time and I seem to satisfy all the requirements except I am not sure about my "permanent residence" status. EU citizens receive it automatically after 5 years of "exercising Treaty Rights". I have been in the UK legally for 5+ years as a student, which would qualify. Except that I only became an EU citizen recently - does this still qualify me for "permanent residence"? I could not find any information that would specify this on the gov.uk website.

For further information, since mid-2014 (before becoming EU citizen), I have been married to an EU citizen who has been exercising Treaty Rights (as a student) in the UK for 5+ years.

Ultimately, I would like to apply for British citizenship by the simplest and fastest route available to me. Given the above circumstances, what are my best options? Any insight, help or advice would be much appreciated, this forum has been very useful in the past! Many thanks!

xucho wrote:I have been married to an EU citizen who has been exercising Treaty Rights (as a student) in the UK for 5+ years.

Did your EU citizen spouse have CISC or applied for a Residence certificate?

vinny wrote:

xucho wrote:I have been married to an EU citizen who has been exercising Treaty Rights (as a student) in the UK for 5+ years.

Did your EU citizen spouse have CISC or applied for a Residence certificate?

She has had an EHIC card for all of this period, if I am not mistaken. (Edit: double checked, she definitely has had one.) She has not applied for a residence certificate.

If she had a non-UK issued EHIC card for a 5 year period while she was a student, then she should have automatically acquired PR at the end of that period. She may apply for confirmation.

I don't think that you can exercise treaty rights before becoming an EU citizen. I think you may acquire PR by being her family member for 5 years or by exercising treaty rights yourself for 5 years. If you are exercising your treaty rights as a student, then you would need CSIC as well.

vinny wrote:I think you may acquire PR by being her family member for 5 years

Thanks for the advice! Since we only got married last year, I cannot prove "being her family member for 5 years". Does this imply I need four more years, or does "being a family member" extend to before official registration of marriage? (If the latter, how can it be proven?) Furthermore, if the marriage was registered in another EU country outside of the UK, does it have to be confirmed by some authority within the UK?

Dear sir/madam.......my bro is irish naitonal nd now he is in ireland . i want to joion him.. i am pakistan .so its require he move to other country to Exerince EU treaty right for me or any other country which is nt require for to move i apply direct.

kinly guide me
jawad