EEA Nationals Exercising EC Treaty Rights

[Jack82]

Hi guys,

Great forum!

I am Italian and I have been living in England for 6 years and 3 months, moved in 2009

During this period I have been made twice redundant (more or less from part of 2011-2012, 2013-15, so let's say 2 years and 2 months in total) and despite my efforts it took me a long time to find another job therefore during that period I signed for the job seeker allowance and from 2011-12 for housing benefits as well.
I signed every week and never had a problem with the job center because I was actively looking for a job and showing them proof.
I'm currently working (since February 2015) and I have passed the B1 grade 5 test and the life in the UK test.
When I started filling the application for naturalisation I read at page 13 section 2.4 about those Treaty rights, and checking various forums to understand if I am eligible to have permanent residence there were different opinions about people that like me have been job seekers in the past for more than 6 months.
Because I do not want my application for naturalisation to be rejected I would like to know if I have (despite the period as a job seeker) acquired permanent residence and therefore if I can apply for naturalisation.
How can I check this?
Do you think I can apply for naturalisation?

Please let me know and thank you in advance!

[noajthan]

Hi guys,

Great forum!

I am Italian and I have been living in England for 6 years and 3 months, moved in 2009

During this period I have been made twice redundant (more or less from part of 2011-2012, 2013-15, so let's say 2 years and 2 months in total) and despite my efforts it took me a long time to find another job therefore during that period I signed for the job seeker allowance and from 2011-12 for housing benefits as well.
I signed every week and never had a problem with the job center because I was actively looking for a job and showing them proof.
I'm currently working (since February 2015) and I have passed the B1 grade 5 test and the life in the UK test.
When I started filling the application for naturalisation I read at page 13 section 2.4 about those Treaty rights, and checking various forums to understand if I am eligible to have permanent residence there were different opinions about people that like me have been job seekers in the past for more than 6 months.
Because I do not want my application for naturalisation to be rejected I would like to know if I have (despite the period as a job seeker) acquired permanent residence and therefore if I can apply for naturalisation.
How can I check this?
Do you think I can apply for naturalisation?

Please let me know and thank you in advance!

The way to check this is to assemble all your evidence & apply for a confirmation of PR card.

This will establish if HO recognises a claim to have acquired PR by exercising treaty rights continuously for 5 years as a 'qualified person'.

Note a PR card does not confer settled status it simply confirms it.

This is a lower risk strategy (& at lower cost) than applying for naturalisation directly with the risk of refusal (& with no right of appeal) in a case if your status & qualifying period is unclear.

If you are granted a PR card you can then proceed to assemble your application for naturalisation at the appropriate time.

See also forum FAQs:
http://www.immigrationboards.com/britis ... 95747.html

[Jack82]

Thank you for your kind reply Noahjthan,

If I am granted a PR card:
can I apply immediately for naturalisation?

Because I read that card covers only 5 years and at page 13, section 2.4 of the naturalisation form it states they need to check a period of 6 years time.

As I said I have been living here for 6 years and 3 months but I have been unemployed for 2 years, 2 months.

Please let me know,

Thank you

[noajthan]

Thank you for your kind reply Noahjthan,

If I am granted a PR card:
can I apply immediately for naturalisation?

Because I read that card covers only 5 years and at page 13, section 2.4 of the naturalisation form it states they need to check a period of 6 years time.

As I said I have been living here for 6 years and 3 months but I have been unemployed for 2 years, 2 months.

Please let me know,

Thank you

Yes, see Q5 (option 1) in the forum FAQ link (posted above).

Note: This assumes you have acquired PR & you meet all other requirements (for residency, about absences, KOLL, sound mind, good character, etc) as per naturalisation guidance.

Applying for a PR card first will show you how HO views your evidence (including the prolonged periods of unemployment).

You will need to provide comprehensive documentation for the overall period including the period as a jobseeker;
for example, this could include evidence showing you were registered & actively seeking work, job applications, letters to employers, letters about interviews etc.

By applying for confirmation of PR first you will only be risking a sum of £65 to be sure of your status.
Depending on the result you will know where you stand regarding naturalisation & will be able to draw up an action plan.

Best of luck.

[Jack82]

Thank you for your advice.

I will try this option then.

Any idea more or less how long could it take the whole process?

Thanks