Excercising treaty rights after PR card obtained???

[marcsaharcsa]

Hi,

I got a letter from Home Office today and they want evidence of the residence in the UK from me for the perod of 01/2015 and 03/2016 from the time I applied for PR card until I applied for nautralisation. I obtained my PR card in February 2015 and applied for nautralisation in March 2016. At that time I applied for PR card I was in emloyment (maternity leave). I should have gone back to work from maternity in February 2015 when I had my PR card but I decided to quit and stay at home for a while and I still haven`t had any emloyment, yet. I get child benefit.

In the Home Office letter today the enclosed annex outlines the evidence of residence I should provide and according to this an employed/unemployed person like me should provide documents eg letters from employers confirming my employment, wage slips, statements of the payments of NI contributions, letters confirming job seeker`s allowance,child benefit etc.. for the preiod mentioned above. There are also sections for self-employed/student/self-sufficient/retired people regarding what they need to provide.

Before applying for citizenship I was seeking advice and I was told that there is no problem that I stopped working after obtaining my PR card and I don`t have to excercise my treaty rights afterwards.

Now I am quite nervous because I don`t work and I feel that my application will be turned down.

Any advice? Please help. Thank you

[noajthan]

Hi,

I got a letter from Home Office today and they want evidence of the residence in the UK from me for the perod of 01/2015 and 03/2016 from the time I applied for PR card until I applied for nautralisation. I obtained my PR card in February 2015 and applied for nautralisation in March 2016. At that time I applied for PR card I was in emloyment (maternity leave). I should have gone back to work from maternity in February 2015 when I had my PR card but I decided to quit and stay at home for a while and I still haven`t had any emloyment, yet. I get child benefit.

In the Home Office letter today the enclosed annex outlines the evidence of residence I should provide and according to this an employed/unemployed person like me should provide documents eg letters from employers confirming my employment, wage slips, statements of the payments of NI contributions, letters confirming job seeker`s allowance,child benefit etc.. for the preiod mentioned above. There are also sections for self-employed/student/self-sufficient/retired people regarding what they need to provide.

Before applying for citizenship I was seeking advice and I was told that there is no problem that I stopped working after obtaining my PR card and I don`t have to excercise my treaty rights afterwards.

Now I am quite nervous because I don`t work and I feel that my application will be turned down.

Any advice? Please help. Thank you

Employment is not necessary in order to naturalise. (My wife has never worked in this country and she is now British and proud of it).

You do not need to exercise treaty rights once you have acquired PR in UK either. (The PR card simply confirms you have PR status).

But for naturalisation you still have to prove your residence in UK.
So you need to provide some sort of official letters and documents to show your presence in UK.

What does the annex suggest for self-sufficient or retired people? I know you're not 'retired' but use those kinds of documents.
Probably: medical letters, voter registration, any driver's license, council tax/utility bills, TV license, bank statements etc etc,

It doesn't mean you had to be exercising treaty rights any more (after getting PR).

[marcsaharcsa]

Thank you for your answer. That's what I thought so but they wrote absolutely different examples and no expamle for utility bills or electoral roll etc..Sor self-sufficients: Statements of funds, assets and any other sources of income held AND policy confirming sickness insurance against all risks. For retired people: confirmation of date of receipt of State pension.
I just don't understand it seems to be like about something else than the presence in the UK

[noajthan]

Thank you for your answer. That's what I thought so but they wrote absolutely different examples and no expamle for utility bills or electoral roll etc..Sor self-sufficients: Statements of funds, assets and any other sources of income held AND policy confirming sickness insurance against all risks. For retired people: confirmation of date of receipt of State pension.
I just don't understand it seems to be like about something else than the presence in the UK

Well without the link or reference I don't know what you're quoting or the date or relevance of it.

Anyway you don't need to exercise treaty rights from the date you acquired PR status. That is in fact earlier than the date you got a PR card (as you would only apply for that type of confirmation afterwards).

And to prove residency just include lots of official documents of the type I suggested.

(Never mind CSI and pension papers- none of that applies to you).

The other thing to remember is that sort of insruction letter (and even published HO guidance) is not the letter of the law and it can be wrong.

[marcsaharcsa]

Thank you for your answer again. What rererence are you talking about? I wanted anyway to uppload my letter but I don't know how to attach it.

I will give them a call on Monday and ask them what they accept exactly. Now I feel like this:
http://www.immigrationboards.com/britis ... 86137.html

I will try to send what they ask for. I already requested a letter from Child benefit office and I have one P60 with my paid holiday after maternity leave.

And I will send many more that they haven't requested but those ones you mentioned. Anyway we bought 2 houses one of them was purchased in the period mentioned above and I have council tax on my name and gas/electricity bills and now 2 mortgages..I was also added to electoral roll at the second part of this period. No doubt I live here I am very courios whether they accept these docs.

Do you have any link what you could send me please about the law which states that after PR no need to exercise treaty rights? You would help me with this a lot.

[marcsaharcsa]

Its P45 not P60

[noajthan]

Thank you for your answer again. What rererence are you talking about? I wanted anyway to uppload my letter but I don't know how to attach it.

...

Do you have any link what you could send me please about the law which states that after PR no need to exercise treaty rights? You would help me with this a lot.

I meant reference to the annex document you mentioned.
I think only small jpg files can be attached to a post here. (Not sure).

Its EU law from Directive 2004/38/EC.
Treaty rights is only for qualified persons who are on the way to acquiring permanent residence.
Once someone has acquired PR they are no longer a qp (so no need to exercise treaty rights anymore).

HO knows this. Even the PR application form states applicants can be sponsored by an EEA qualified person OR Union citizen with permanent residence.

[marcsaharcsa]

Down on the left side of the annex is written ICD.1437 and the title is Alternative evidence of residence for a EU national or a citizen of Switzerland.

Thank you very much referring to the law it is really helpful I will mention them maybe I will write it down, too in case if they wouldn't accept my documents.

I know that they know but from some reason they just want to complicate it or maybe sent me a wrong Annex.

Is there any law about what kind of documents they HAVE TO accept regarding residency? I am afraid no.. sorry for the many question.

Have a nice evening anyway!

[noajthan]

Is there any law about what kind of documents they HAVE TO accept regarding residency? I am afraid no.. sorry for the many question.

Have a nice evening anyway!

No there is no law I'm aware of - just HO guidance notes.

See also;
http://www.immigrationboards.com/britis ... 29965.html

[marcsaharcsa]

Thanks for the link you helped a lot again. I found a lady in a similar situation and she ecplained how she managed to get it by the end. I will try the same.