Enough to show EU passport & say I've been here 7 years?

[Woody]

Hi,

I have a Belgian passport and I've been in the UK for about 7 years.

Is it enough that I send in an application and show them my Belgian passport and a statement that I've been in England for 7 years? Isn't there something like the benefit of doubt if you state that you've been a resident but can't prove it?

Would that qualify me for naturalisation or for ILR? (I don't have any proof of residence)

[John]

If you have been exercising EU Treaty Rights in the UK for the last 7 years, well actually you got Permanent Residence in the UK on 30.04.06 ... automatically .... under new EU regulations that came into force on that day.

(I don't have any proof of residence)

What have you been doing in the UK during those 7 years? Working? Being a student? Or what?

If indeed it can be shown that Treaty Rights have been exercised for a minimum of 5 years then on 30.04.07 you will have made Permanent Residence for one year and would become eligible to apply for Naturalisation, as long as by then your have passed the Citizenship Test.

But before we get too excited about that, let's just clarify whether or not you have been exercising Treaty Rights in the UK, and if so, in what way?

[Woody]

I have not worked, not studied, didn't make any money, did not do anything illegally, was not productive in any way... I basicly lived here and there... sometimes on the street...

I don't have a bank account nor any proof that I was here. But I was here , I was a resident in the UK and I can make a statement that I was. The thing that is lacking is proof.

(I currently have better prospects financially from an inheritance)

Will they give me benefit of doubt as I don't have any proof? Could I just send them my story along with my Belgian passport and do the citizenship test and then apply for naturalisation? After all even if I don't apply for naturalisation I can as a EU citizen stay as long as I want in the UK so there's no real need to become British, it's rather a sentimental thing.

[John]

Merely being in the UK is insufficient. You have got to be exercising Treaty Rights, and not just as a visitor.

One way of doing that is being a person of independent means, but the lack of bank account, and the need to live on the streets at times clearly shows that you were not in that category.

Could I just send them my story along with my Belgian passport and do the citizenship test and then apply for naturalisation?

Well no one will stop you posting the application, but on the facts as outlined here you have not held Permanent Residence in the UK for at least one year. Indeed it is extremely problematic you proving that you acquired such status automatically on 30.04.06 when the EU regulations changed. And you need to have held Permanent Residence for at least one year before applying anyway, so any application posted before 30.04.07 is bound to fail, given the lack of Permanent Residence sticker in your Belgian passport.

In short, this is not going to work. If you want to get British Citizenship you should move back to the UK and start exercising Treaty Rights, such as by being employed. After 6 years of doing that you might qualify to apply for Naturalisation.

[hypegal3]

what if i have been, here for 8 yrs on student visa and works for cash in hand but have an ni num can i apply for ILR along with my family who are here for 6yrs now.