EU citizen section 6(2) help with Treaty Rights please

[annad]

I'd like to apply for naturalisation as a British citizen under section 6(2). My husband in a EU citizen (naturalised British). I'm a EU citizen. I know all requirements needed to apply however there is one I'm not sure about. I must be free from Immigration time restriction when I apply. It says: Since 30 Aplil 2006 all EEA Nationals, and the dependents of EEA nationals, with 5 years residence in the UK and who are exercising their Treaty Rights are classed as being free from Immigration time restriction. I've been in the UK for 7 years but didn't work or study the whole time. I worked for 2 years, did ESOL course for 1.5 years and another course for 6 months. I was virtually dependent on my husband and I was at home the rest of the time looking after two children (both born in the UK). Have I exercised my Treaty rights? I don't really understand the logic in this requirements. If I was exercising my Treaty rights I would apply for naturalisation under section 6(1). I want to apply under section 6(2) and still need to meet the same requirements? I'm confused, please help.

[Jambo]

Treaty rights is needed to obtained PR status which is required irrespective of the section you apply under. Assuming your husband was a non UK EEA national who was naturalised after at least 6 years of reaidence in the UK, then you would have obtained PR after you completed 5 years of residence as his spouse (based on his treaty rights activities).

Why didn't you apply at the same time he applied?

[annad]

Thanks for a quick reply. I didn't apply with my husband because I was not sure I could prove I exercised my Treaty Rights for 6 years. I assumed joined application needed to be done under standard requirements. I thought I could apply later as a spouse under section 6(2) but didn't know about time restrictions and that I needed to prove I exercises treaty right anyway.
So is my application going to be successful or not? Can you tell me please?

[Jambo]

You could have applied together with your husband. There is no concept of dependant when applying for naturalisation but you can be dependant on your husband in order to obtain PR status. You don't need to exercise treaty rights by yourself. As long as you were married during the residence time, you can base your PR status on your husband. Just fill in section 2.4-2.6 with your husband proof of treaty rights (or his PR Card if he has one).

So proof of 5 years of treaty rights (or PR card) of your husband together with his EEA passport, proof you are married and proof of your residence for 5 years. => proof you have obtained PR.

Proof your husband is British and that you are married and proof of residence for 3 year => proof for naturalisation under section 6(2)

[annad]

The person form NCS I spoke to told me that I needed to prove I was exercising treaty rights for 6 years in the UK. When I argued the case she told me that she would call UKBA and get back to me. She called again and confirmed that I needed a proof of 6 years exercising treaty rights and my husband's P60s as a proof he was working for 6 years here. My husband already proved his residence and on this basis he acquired his British citizenship so it's rather funny that I need to provide his P60s again. I already filled section 2.4-2.6 with my details as told by NCS.
I'm now more confused that I was ever in my life.
Hopefully I don't need any comprehensive sickness insurance? I'm on the verge of cancelling my NCS appointment.
Thanks a lot for your help trying to answer my questions. I've spent some time saving money to apply (one of the reasons we didn't apply together). I'd be devastated if refused.

You could have applied together with your husband. There is no concept of dependant when applying for naturalisation but you can be dependant on your husband in order to obtain PR status. You don't need to exercise treaty rights by yourself. As long as you were married during the residence time, you can base your PR status on your husband. Just fill in section 2.4-2.6 with your husband proof of treaty rights (or his PR Card if he has one).

So proof of 5 years of treaty rights (or PR card) of your husband together with his EEA passport, proof you are married and proof of your residence for 5 years. => proof you have obtained PR.

Proof your husband is British and that you are married and proof of residence for 3 year => proof for naturalisation under section 6(2)

[Jambo]

NCS was wrong.

You can obtain PR as a family member of EEA national (that's how all non EEA nationals obtain PR. The fact that you are EEA national yourself doesn't change things).

Yes, you need to submit your husband documents again eventhough they have probably have record on file. The caseworker wants to get all the evidence in one envelope and not to start looking for it.

You can insist with NCS to accept the application. They are just a certifying service. They are not the decision makers.