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Treaty Rights - Student - Can I apply ?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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azerty
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Joined: Sun Jun 16, 2013 1:11 pm

Treaty Rights - Student - Can I apply ?

Post by azerty » Sun Jun 16, 2013 1:22 pm

Hello,
I would really appreciate any advice on whether I am eligible to apply for citizenship as I am not sure if I have been exercising treaty rights. I'll write my history very shortly.

I am a polish national. I moved to the UK in August 2005 and started High School straight away and I have been in education since then. Now, I finished 2nd year of university. There were no gaps - I went straight to Sixth Form college after High School and then I went to university. I have been absent from the country between 20 and 40 days each year, most of the years.

(I moved to the UK with my parents of course and they have been supporting me financially for the whole time)

Therefore my question is, was I exercising Treaty Rights (being a student in full time education) and therefore I can apply for citizenship as I have been doing so for 8 years now.

Thank you

Amber
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Re: Treaty Rights - Student - Can I apply ?

Post by Amber » Sun Jun 16, 2013 2:04 pm

azerty wrote:Hello,
I would really appreciate any advice on whether I am eligible to apply for citizenship as I am not sure if I have been exercising treaty rights. I'll write my history very shortly.

I am a polish national. I moved to the UK in August 2005 and started High School straight away and I have been in education since then. Now, I finished 2nd year of university. There were no gaps - I went straight to Sixth Form college after High School and then I went to university. I have been absent from the country between 20 and 40 days each year, most of the years.

(I moved to the UK with my parents of course and they have been supporting me financially for the whole time)

Therefore my question is, was I exercising Treaty Rights (being a student in full time education) and therefore I can apply for citizenship as I have been doing so for 8 years now.

Thank you
You were also a qualified person as a dependent family member, assuming your parents were exercising treaty rights. A a student you should have had comprehensive sickness insurance. Once you have exercised treaty rights continuously for 5 years you have permanent residency and can apply for citizenship after 12 months of being a permanent residence unless you are the spouse/civil partner of a British Citizen.
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Padi123
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Joined: Sat Jan 19, 2013 4:04 pm

Post by Padi123 » Sun Jun 16, 2013 3:30 pm

I am in a similar situation as you azerty. After 12 months of exercising PR (ILR) you can obviously apply for BC.

azerty
Newly Registered
Posts: 2
Joined: Sun Jun 16, 2013 1:11 pm

Re: Treaty Rights - Student - Can I apply ?

Post by azerty » Sun Jun 16, 2013 6:16 pm

D4109125 wrote:
azerty wrote:Hello,
I would really appreciate any advice on whether I am eligible to apply for citizenship as I am not sure if I have been exercising treaty rights. I'll write my history very shortly.

I am a polish national. I moved to the UK in August 2005 and started High School straight away and I have been in education since then. Now, I finished 2nd year of university. There were no gaps - I went straight to Sixth Form college after High School and then I went to university. I have been absent from the country between 20 and 40 days each year, most of the years.

(I moved to the UK with my parents of course and they have been supporting me financially for the whole time)

Therefore my question is, was I exercising Treaty Rights (being a student in full time education) and therefore I can apply for citizenship as I have been doing so for 8 years now.

Thank you
You were also a qualified person as a dependent family member, assuming your parents were exercising treaty rights. A a student you should have had comprehensive sickness insurance. Once you have exercised treaty rights continuously for 5 years you have permanent residency and can apply for citizenship after 12 months of being a permanent residence unless you are the spouse/civil partner of a British Citizen.
Hello,
Thank you for reply. I didn't and I don't have any heath insurance. My father was exercising treaty rights and he is now a British Citizen ( I'm not sure about my mother as she was unemployed for some time).

I believe I was exercising the Treaty Rights for 5 years and then I am automatically given Permanent residence status. I am also registered to vote(that should help to prove I am a permanent resident). However, I did apply for Permanent residence (in my own name) but it was rejected. They stated that "I couldn't exercise Treaty Rights in my own right" (I know I didn't have to apply for it but I chose to do so), I was over 18 when I did that.. also I'm not gonna get into why my father didn't make joint application for him and me ...
I'm really unsure whether my application will be accepted and I cannot afford to waste £1K.

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