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Am I still considered a worker while on maternity leave for almost 52 weeks?

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

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julies39
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Am I still considered a worker while on maternity leave for almost 52 weeks?

Post by julies39 » Wed Jun 23, 2021 7:57 pm

Hello helpful people,

I am in the process of filling out my application for British citizenship/naturalization. Brief background:
I am an EU Citizen.
I have been married to a Brit since 2013.
Arrive in UK: November 2015
Not employed and not on CSI: November 2015 to May 2017 (had a baby...didn't know about CSI)
Employment one: June to Sept 2017
Acquired CSI: Sept 2017 to Sept 2018
Employment 2: January 2018 to present. Maternity leave within current employment: June 18, 2018 to June 16, 2019 (but gave up CSI in Sept 2018...maybe stupidly)
Acquired pre-settled status in Feb 2019
Acquired settled status in November 2020
(I'm also Canadian... but I think that's irrelevant)

I have two questions:

1st question: I plan to use my P60's to prove legal residency as I have been in my current job since January 2018. However, although I was employed, I was on maternity leave between June 2018 and June 2019. Please can you tell me if I would still be considered a 'worker' while on parental leave? I was in receipt of Maternity Allowance for 37 of the 52 weeks I was on maternity leave. I am trying to figure out if (as an EU citizen) I would have needed to have had CSI while on maternity leave? CSI is not a requirement if you are a worker, so really really hoping I was still a worker during my year with my baby. I got my pre-settled status on Feb 2019, so my parental leave was not covered by pres-settled status.

2nd question: On page 26 of Guide AN (paragraph 3) it says they may confirm if my "National Insurance affairs are in order". This is such a vague statement! I have a one year gap in my NI record for the first year I was in the UK and before I got my first job here. For that year my NI contributions are listed as 'not full'. I have the option of making a voluntary contribution in order to have that year count towards my pension if I wish, so not mandatory to fill that gap, just an option according to HMRC. Do you think I should make this 'voluntary contribution' so that my NI affairs can be considered "in order"?

Worried they will judge me to be of bad character because of CSI issues.

Thank you very much for anyone who can offer insight.

Julie

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alterhase58
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Re: Am I still considered a worker while on maternity leave for almost 52 weeks?

Post by alterhase58 » Wed Jun 23, 2021 9:42 pm

1) Maternity leave - presumably your were on the books of your employer, i.e. under employment contract. Then you were still a "worker". CSI was a requirement for persons exercising treaty rights as "student" or "self-sufficient". For peace of mind you could always write am explanatory note regarding CSI - mention that you didn't have it because it was publicised. Also perhaps worth mentioning that your husband was basically supporting you, I assume.
2) National Insurance - note that for naturalisation there are no financial requirements, i.e. levels of income/profits/taxes/NI/benefits/reserves are not assessed. What "National Insurance affairs are in order" means is that all contributions (and taxes) due were actually paid by you or employer. There is no requirement to make voluntary NI contributions, except if you wish to boost your state pension, but it's just that, voluntary. No impact on good character.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

julies39
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Posts: 2
Joined: Wed Jun 23, 2021 11:38 am
Romania

Re: Am I still considered a worker while on maternity leave for almost 52 weeks?

Post by julies39 » Thu Jun 24, 2021 11:32 am

Thank you. That's great. I will send along my employment contract.
Interesting that you think I should write an explanatory note about CSI. I am of two minds about this. Some people say that writing a note points out a problem they may not notice, others say it proves better character on my part if I do explain.
My CSI problems are outside of my needed residence period... its the 10 year for good character bit I need to worry about. Its' been suggested that its better to wait for them to ask me about CSI (as they don't ask for this anywhere in the application) and at that point say that I bought a policy as soon as I found out it was a requirement, and then send along the policy I did hold for a year.
Thoughts?
Thanks gain. And if anyone else wants to weigh in, I would love to know what you did in this kind of situation (explanatory note VS no note) or what you think I should do.

Julie

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alterhase58
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Re: Am I still considered a worker while on maternity leave for almost 52 weeks?

Post by alterhase58 » Thu Jun 24, 2021 2:14 pm

Clearly it's your decision - unfortunately there is not much case evidence relating to CSI, except for it being mentioned in the Good Character guidance. No evidence of applicants being refused purely to CSI issues. Just speculating I would guess that if there are no issues with your other details and paperwork this aspect shouldn't give trouble. We have yet to see a stream of refusals based on CSI issues.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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