PR EEA3 gaps in 5 years treaty rights or not?

[kamilia]

Good evening all

Could you advise if I have PR status or not please:

-EEA citizen entered the UK 08/2005

-From 5 sept /2005 to 03rd of may 2006 vocational training (8 months) No CSi I have a college letter

-From 3/05/2006 to 10/10/2006 job seeker /not registred with job centre did not apply for benefit .no csi cover.(5 months)

-From 01/11/2006 to 06/04/2010 :Employed 35 hours /week (3 years and 5 months) I have 4x P60s

-From 01/09/2010 to april 2011 employed part time 18 hours/week low income (7 months).I have 1x P60

- from 04/2011 to date I have not worked but caring for my children I don t have CSI cover.my husband(british citizen) works.


Can I apply for EEA3 as I would like to naturalise as a british citizen.?

Thanks for your time.

[Obie]

You should be alright to apply for naturalisation.

You dont need EEA 3 to obtain this. EEA 3 is simply a confirmation of rights you already have.

Even if the time as student is discounted, just taking into account the time you worked is sufficient to have enable you to acquire PR.

Obtaining a naturalisation certificate is obviously subject to you passing the life in the UK test, and demonstrate you are of good character.

[boloney]

Are you from any A8 country? If so have you done WRS?

[EUsmileWEallsmile]

In general, to have achieved PR, you need to have lived in the UK in accordance with the regulations for five continuous years. Living in accordance with the regulations means being a worker (can include job-seeker), student (needs sufficient funds and CSI) or self sufficient (also needs CSI and sufficient funds). A worker can retain the status of worker in certain circumstances (eg involuntary unemployment).

Following your timeline and comments, I think you know all this. I don't know all your circumstances.

Do you have any specific concerns?

[kamilia]

Thank you guys for your inputs.
I assume I cant count the time as a student (no csi)
Period of unemployment 5 months either as I did not register with job centre In conclusion I don t have 5 years treaty right? Or can I count that gap i have 5 p60s but not full year in 2006/07.
Why cant i rely on nhs insurance cover as my husband had PR under EEA treaty at the time I was unemployed and self sufficient?

[wiggsy]

was your husband working? is he an eea national?

if he has pr and you were here, you could claim pr on the basis of a family member of an eea national (meaning your pr is aquired on the spouses activity...)

[kamilia]

My husband was a non Eea with pr at that time now british citizen .

[wiggsy]

british citizen does not usually apply as an eea national (some exceptions - Singh)


however... the only thing stopping an attempt at BC is cost i assume...

you could try and wing it... - i believe that for one year following your childs birth you still fall into the worker category...? - is this correct obie? - the 1 year "pregancy" rule protects the worker status?

is there a reason you wish to become a BC? - obviously its your choice etc...

but it seems to me (and im sure others) that BC have less rights in the UK than an EEA national who is a "Self Employed" ebay seller on a low income etc... - but as you appear to have met the requirements for PR... - you dont need to work to live in the uk... you only loose PR if you leave the UK for more than two years....

(i give an example: your husband is not EEA... so therefore, his parents are not EEA...? right?... if they need your care, its easier to get them into the UK as a dependant family member of an EEA national than it is as a dependant family member of a british citizen...

[Help on hand]

as you have lots of gap between your works, those gap will count against exercising EU treaty continuously for 5 years. When did your husband get his Residence card before becoming British citizen? Exact dates?

[kamilia]

Hello thanks for reply
My husband had PR in 2008
British citizen in 2011

[EUsmileWEallsmile]

Hello thanks for reply
My husband had PR in 2008
British citizen in 2011

Given that your husband was non-EU prior to getting BC, I don't imagine that it makes any difference to your situation. You need to have exercised treaty rights for five years.