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Hello. I’m writing with regards to my naturalisation application (form AN) being refused. The reason for it is “because I have not been excercising treaty rights for a continuous period of 5 years”.
I’m EEA national (not British) and I’ve been in England since 2002, living with my partner who is British since 2003 with whom I have 2 children (born in 2004 and 2012). We got married in August 2014. I applied for naturalisation in July 2015. In my whole time since being in England I worked only for a period of 2 months in 2009. My husband supported me financially for the whole time. In the past I had a residence permit which ran out in 2010. My application was refused because I have not been exercising treaty rights for a continuous period of 5 years. I didn’t know what it meant so I’ve done some research and from what I understand I had to have a comprehensive sickness insurance cover, which I haven’t had. Could you please advise me what to do? Is there a point in filling the form NR for reconsideration? Or do I have to get comprehensive sickness insurance cover or find work and apply again after 5 years?
Many thanks in advance

daisy3 wrote:Hello. I’m writing with regards to my naturalisation application (form AN) being refused. The reason for it is “because I have not been excercising treaty rights for a continuous period of 5 years”.

I’m EEA national (not British) and I’ve been in England since 2002, living with my partner who is British since 2003 with whom I have 2 children (born in 2004 and 2012). We got married in August 2014. I applied for naturalisation in July 2015. In my whole time since being in England I worked only for a period of 2 months in 2009. My husband supported me financially for the whole time. In the past I had a residence permit which ran out in 2010. My application was refused because I have not been exercising treaty rights for a continuous period of 5 years. I didn’t know what it meant so I’ve done some research and from what I understand I had to have a comprehensive sickness insurance cover, which I haven’t had. Could you please advise me what to do? Is there a point in filling the form NR for reconsideration? Or do I have to get comprehensive sickness insurance cover or find work and apply again after 5 years?
Many thanks in advance

Most unfortunate.

Yes if you were not working but were a homemaker then, for your 'PR clock' to have been running, you would have to have been categorised as a 'self-sufficient' qualified person.

You would need to show you have not been a burden to the state social welfare system - and you needed to have had CSI for the entire qualifying period.
As this is a form of insurance it cannot be backdated.

Unfortunately naturalisation applications don't come with appeal rights;
it appears HO have followed procedure & applied the rules so a reconsideration is unlikely to achieve anything.

Qualified persons include workers, self-employed, students & self-sufficient people.
Students & the self-sufficient require CSI.

The qualifying period for exercising treaty rights is 5 years which will take you through to 2021.

Thank you very much for your reply.
Since I'm married to British national, isn't the period 3 years? In the letter from HO it states period 5 years but I read on gov.uk website that if you're married, it is 3 years.
Also can anybody recommend insurance company that provides CSIC which I could use and how much roughly it is per month?
Thank you in advance

daisy3 wrote:Thank you very much for your reply.
Since I'm married to British national, isn't the period 3 years? In the letter from HO it states period 5 years but I read on gov.uk website that if you're married, it is 3 years.
Also can anybody recommend insurance company that provides CSIC which I could use and how much roughly it is per month?
Thank you in advance

To acquire PR takes 5 years which subsumes the 3 years of residency by virtue of marriage to a BC.

Once you have PR & a PR card then no need to hold a further 12 months before applying for privilege of citizenship;
(assuming all ither requirements have been/can be met).

If not spouse of BC you'd have to wait the extra year.

I don't know costs of CSI.

Hello. Thank you again. I'm sorry I don't quite understand this. Is it still 5 years then?

daisy3 wrote:Hello. Thank you again. I'm sorry I don't quite understand this. Is it still 5 years then?

Yes that's it.

Can't post link as on my phone but see AN guidance booklet (pdf).

Thank you very much for your help.
I better start looking for CSIC or a job.

Hello again
I thought I'd ask this. Does HO take into account only the recent 5 years? I had residence permit for 5 years which ran out in 2010. Unfortunately I didn't renew it so I have lot of regrets now. Thank you

daisy3 wrote:Hello again
I thought I'd ask this. Does HO take into account only the recent 5 years? I had residence permit for 5 years which ran out in 2010. Unfortunately I didn't renew it so I have lot of regrets now. Thank you

No, any 5 year period.
But you'd have to have remained a qualifying person.

Just being issued with a RC doesn't guarantee that - it only shows what your status was at time of issue.