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not exercise treaty rights
Posted: Wed Jan 22, 2014 10:09 am
by alarosi
Hello, I m living in UK for 5 and half years ,I m EEA national but do not exercise treaty rights following bad advice from lawyer ; however When with my husband we got married he was refuge ,now he is a british citizen. In my first 2 years here my husband were working ,but sins the birth of our kid I m in receipt of DLA and my health is the reason for my husband to stop working,he is now my full time carer . Please advice how can I become a british citizen
Re: not exercise treaty rights
Posted: Wed Jan 22, 2014 11:16 am
by Jambo
This might be difficult if you didn't exercise treaty rights. Did you have a private health insurance or non UK EHIC during the 5 years?
Being EEA national you can stay in the UK as long as you wish. You don't need to become British.
Re: not exercise treaty rights
Posted: Wed Jan 22, 2014 11:37 am
by alarosi
I do not have insurance , someone in home office said to me that if I m in receipt of DLA for 5 years , that is still exercise of treaty rights , but if its true when and how can I apply for permanent residency ?
Re: not exercise treaty rights
Posted: Wed Jan 22, 2014 12:01 pm
by Imshzd
alarosi wrote:I do not have insurance , someone in home office said to me that if I m in receipt of DLA for 5 years , that is still exercise of treaty rights , but if its true when and how can I apply for permanent residency ?
This is not true.
Some one in the home office misguide you.
Re: not exercise treaty rights
Posted: Wed Jan 22, 2014 12:14 pm
by alarosi
so what can I do then , as I see it very hard to exercise treaty rights with work incapacity?! Please advice
Re: not exercise treaty rights
Posted: Wed Jan 22, 2014 12:29 pm
by Jambo
alarosi wrote:someone in home office said to me that if I m in receipt of DLA for 5 years , that is still exercise of treaty rights
The Directive set conditions for worker or self-employed person who has ceased activity. See
Regulation 5.
Re: not exercise treaty rights
Posted: Wed Jan 22, 2014 12:39 pm
by alarosi
thank you to respond to me , this regulation 5 sais if the person 'terminates his activity', but in my case I never been work here, my husband was the one who work in our family. Is it still going to be acceptable as treaty rights if before I m got ill I haven't been work , or can I use the payslips of my husband s job?