General discussion on CSI and Settled Status. Big issues for people on the EEA-Applications Routes

Rusland wrote: ↑

Wed May 27, 2020 12:04 pm

Hi all,

I am afraid I am in the same situation that many of you.

I applied on the 15th of March and did my biometrics right before the lockdown started. In the application I stated that I have been working in the UK for a space of 6 continuous years. I had a gap though of 45 days between jobs.
During these 45 days I was technically unemployed by any employer, however I was not a job-seeker as I had an offer from the company that I am working for at the moment.

Before applying I spoke with two different lawyers experts in naturalisation applications and both of them told me that I should not worry about this as I had already the Settle Status and that was what it really atter. Clearly this is not the case given the changes implemented since May.

The irony of this is that I had a private insurance during a long period of my residence here. Unfortunately I did not have one insurance during the period while I had the employment gap.
My partner is applying now for the naturalisation, and he is being asked for the document that shows that he had a CSI. Unfortunately I was never requested this two months ago.

Do we know anyone having applied with an employment gap who has received an answer on their application?

madalina91 wrote: ↑

Wed May 27, 2020 2:12 pm

Hi everyone,

I wanted to let you know that I received my decision today and my application was successful! I applied before the guidance changed and I have not received any emails from the caseworker asking me to provide CSI (in my case this would have been needed for about 6 months out of the 5 years when I was a student without CSI).
I do hope this gives some hope to those still waiting! Good luck!

AnotherUUID wrote: ↑

Tue May 26, 2020 3:06 pm

If you're referring to page 26 of the new guidance which instructs the caseworker to "assess whether the individual has been here lawfully during their 3 or 5 year residential period prior to pre-settled status or settled status", then yes, I think it's safe to say that this refers to any part of the 3 or 5y qualifying period for naturalisation which may have required CSI and falls before the date that the applicant acquired settled status via EU Settlement Scheme (as they would be exempt from CSI from the date of becoming settled).
However, as mentioned earlier, it's still unclear how CSI might tie into the GCR.

beaujam90 wrote: ↑

Wed May 27, 2020 2:06 am

ValenS wrote: ↑

Wed May 27, 2020 1:45 am

beaujam90 wrote: ↑

Wed May 27, 2020 1:35 am

ValenS wrote: ↑

Tue May 26, 2020 11:48 pm

Settled Status is only certifying you are free from emigration restrictions, then you have 5 years of paid CSI for the qualifying period so where is the good character requirement coming in for the CSI exactly?

Unlawful residence is the time spent in the UK when you were not supposed to be here legally under the EU directive (if you are an EEA or Swiss...citizen). The UK gov could have sent those EEA students or self-sufficient people, who didn't have CSI, back to their countries of origin, but preferred to not do it.
Those people who should have had CSI but did not get one, have not been in the Uk lawfully under the EU law and therefore are not deemed ''good character'' under the this law.
You should be a good character during the past 10 years before applying for BC.

Normally the NHS is a CSI as it covers EU citizens because they already pay taxes towards the NHS.

You didn't answer my question though, if you have Settled Status which is by law not requiring CSI but is a legal document to prove you are free from immigration restrictions, and you have 5 years paid CSI during the 5 years qualifying period for British citizenship, what happens there in your opinion

Senario 1:
If you came 6 years ago to studying and acquired Settled Status 1 year ago and had CSI during 5 years prior to acquiring Settled status, you are OK and can apply successfully for BC.

Senarion 2 :
If you came 7 years ago to studying and acquired Settled Status 1 year ago and had CSI ONLY during any 5 years of the 6 years before acquiring Settled status, you are NOT OK and if you apply for BC it might be refused unless the caseworker exercises discretion in your favour. Because the ''good character'' criteria is negatively affected.

Prior to acquiring Settled status, If you studied for 10 years, you should have CSI for the last 9 years if you are not married with a British person.

ValenS wrote: ↑

Wed May 27, 2020 3:41 pm

AnotherUUID wrote: ↑

Tue May 26, 2020 3:06 pm

If you're referring to page 26 of the new guidance which instructs the caseworker to "assess whether the individual has been here lawfully during their 3 or 5 year residential period prior to pre-settled status or settled status", then yes, I think it's safe to say that this refers to any part of the 3 or 5y qualifying period for naturalisation which may have required CSI and falls before the date that the applicant acquired settled status via EU Settlement Scheme (as they would be exempt from CSI from the date of becoming settled).
However, as mentioned earlier, it's still unclear how CSI might tie into the GCR.

As a 3 years Settled Status doesn’t exist, it’s only a 5 residency, and it’s not mentioned 10 years period anywhere, I think the guide refers to the British citizenship qualifying period that can be 3 or 5 years counting backwards from the date of the application

madalina91 wrote: ↑

Wed May 27, 2020 2:12 pm

Hi everyone,

I wanted to let you know that I received my decision today and my application was successful! I applied before the guidance changed and I have not received any emails from the caseworker asking me to provide CSI (in my case this would have been needed for about 6 months out of the 5 years when I was a student without CSI).
I do hope this gives some hope to those still waiting! Good luck!

beaujam90 wrote: ↑

Wed May 27, 2020 4:24 pm

In my case it more complicated, I came in June 1989. I have acquired PR under 2004/38/EC from the first 5 years but I don't have the documents to show, then I studied 3 years from 1995 to 1098 (I had my country CSI cover, even when I didn't need it as I already had PR ) but don't have document to show.
Since 2002 I had fallen ill and not exercising treaty rights. Eventhough I have PR in theory but I cannot prove it as I didn't keep evidence from 30 years ago.
I have applied for BC on 23rd January 2020, over 4 months ago. As for most of us , I thought that the Settled status settled my issue but I was wrong. When I applied the online form didn't mention anything about CSi or anything about exercising treaty right, I know that now the BC online form has changed to ask for those things.
My application is still pending, I have not received any Email or phone calls or letters from the HO since.

beaujam90 wrote: ↑

Wed May 27, 2020 4:01 pm

But if you have no conformed to the EU directive for the first year(s) (within 10 years), even if you had acquired PR afterward, you still don't qualify for BC (unless the caseworker applies discretion).

ValenS wrote: ↑

Wed May 27, 2020 4:57 pm

beaujam90 wrote: ↑

Wed May 27, 2020 4:24 pm

In my case it more complicated, I came in June 1989. I have acquired PR under 2004/38/EC from the first 5 years but I don't have the documents to show, then I studied 3 years from 1995 to 1098 (I had my country CSI cover, even when I didn't need it as I already had PR ) but don't have document to show.
Since 2002 I had fallen ill and not exercising treaty rights. Eventhough I have PR in theory but I cannot prove it as I didn't keep evidence from 30 years ago.
I have applied for BC on 23rd January 2020, over 4 months ago. As for most of us , I thought that the Settled status settled my issue but I was wrong. When I applied the online form didn't mention anything about CSi or anything about exercising treaty right, I know that now the BC online form has changed to ask for those things.
My application is still pending, I have not received any Email or phone calls or letters from the HO since.

Good luck with your application

ValenS wrote: ↑

Wed May 27, 2020 5:02 pm

beaujam90 wrote: ↑

Wed May 27, 2020 4:01 pm

But if you have no conformed to the EU directive for the first year(s) (within 10 years), even if you had acquired PR afterward, you still don't qualify for BC (unless the caseworker applies discretion).

I think you qualify when you qualify there isn’t a timescale if you haven’t any criminal record and you meet the 3/5 years qualifying period of BC, etc

beaujam90 wrote: ↑

Wed May 27, 2020 5:48 pm

SENARIO: Someone who is an EEA and got the Settled status in 01/04/2019 but didn't acquire permanent residence in any time, and he/she 's married to a brit can only apply for the BC on 01/04/2022.
For someone who is in the same Senario and who is not married to a brit, he /she will have to wait until 01/04/2024.

zcranso wrote: ↑

Wed May 27, 2020 8:13 pm

beaujam90 wrote: ↑

Wed May 27, 2020 5:48 pm

SENARIO: Someone who is an EEA and got the Settled status in 01/04/2019 but didn't acquire permanent residence in any time, and he/she 's married to a brit can only apply for the BC on 01/04/2022.
For someone who is in the same Senario and who is not married to a brit, he /she will have to wait until 01/04/2024.

Maybe I've missed something in the discussion and you are talking about potential changes in the future but this is CATEGORICALLY WRONG as things stand.

Excuse the tone but this may cause undue stress to people who are not clear about the rules and I have already seen people stressing out because of the new CSI guidelines.

As mentioned by others, you can apply for BC 12 months after getting Settled Status. In your scenario, a person who got it on 01/04/2019 would have been able to apply from 01/04/2020.

tkrsz wrote: ↑

Wed May 27, 2020 10:00 pm

I'm not sure if this CSI can be expected from someone who worked a few years in the UK before started a course at a British University. For example, in my case, I came to the UK in July 2011 and worked full time until September 2014. In 2019, after completing a BA and MA course in Southampton, I started my own business. I got my student funding as a Home student and it would be strange to expect a CSI from someone who paid tens of thousands of pounds tax and N.I. before studying at a higher level. I'm still worried as no communication from the Home Office since my biometrics appointment (15.02.2020 EEA Settled Status + 1 year).

Are EU university students with prior work history still need a Comprehensive Sickness Insurance?

Lnlan10 wrote: ↑

Thu May 28, 2020 1:42 pm

My application has also been approved. No further documents proving CSI have been requested by the HO.

Lnlan10 wrote: ↑

Thu May 28, 2020 1:42 pm

My application has also been approved. No further documents proving CSI have been requested by the HO.

Lnlan10 wrote: ↑

Thu May 28, 2020 1:42 pm

My application has also been approved. No further documents proving CSI have been requested by the HO.