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

dogcat wrote: ↑

Fri Jul 10, 2020 11:57 am

After 5 continuous/ consecutive years of exercising treaty rights i.e. working; being self employed; being self sufficient +CSI /EHIC (being insured back in your country of nationality ) ; studying + CSI /EHIC (being insured back in your country of nationality ) PR status is achieved automatically and you don't have to exercise treaty rights any longer.

Frou01 wrote: ↑

Mon Jul 06, 2020 1:00 pm

As it’s been awhile now.
Anyone else lately got approved with lack of CSI or got asked by caseworkers to prove evidence of insurance?
Would like to know how they handle it these days?

Permanent Residence (PR)
Its validity is retroactive, i.e. an applicant can, in the appropriate circumstances, apply for British nationality straight after receiving PR (if PR is confirmed at a date a year or more earlier than application date).

U Aziz wrote: ↑

Tue Jun 16, 2020 3:11 pm

So how long one should wait after getting settled status? Plz advise

uklondonn wrote: ↑

Sat Jul 18, 2020 11:16 pm

Hi,

I've been thinking in a solution for this gamble: applying to BC (With Settle status) having a gap on employment and no CSI to provide.

And I remembered about the possibility to apply for Permanent Residence first (EEA Route).

I thought I would not have available this option (As It won't be valid anymore after the 31st of December 2020), but I've read that the 5 years qualifying period can be backdated, and you only need 1 year after you have accomplished that 5 years period to apply for BC. In other words, after the 5 years qualifying period, you become free of immigration control. That's why you can apply for British citizenship.

I've seen this here for example:
https://www.immigrationboards.com/eea-r ... 81827.html

Permanent Residence (PR)
Its validity is retroactive, i.e. an applicant can, in the appropriate circumstances, apply for British nationality straight after receiving PR (if PR is confirmed at a date a year or more earlier than application date).

If I can receive the PR confirmation before 31st of December 2020, and they write that I'm free from immigration control a year ago, I will be ready to apply for BC.

I've a few doubts I've written on this thread: https://www.immigrationboards.com/eea-r ... 03507.html

My main doubts are about timings (as PR would not be valid anymore on 2021), the need to provide proofs for any period previous to the 5 years qualifying period. (Otherwise I will have the same issues as with the BC), and anything wrong about applying for PR when you have already Settle Status.

I know my case is quite specific, and this solution might not work for most of you, but if you had the same bad lucky as me (If I had waited only a bit more to apply for Settle Status, I wouldn't had any issue at all), then maybe this is a good possibility.

Any help would be very much appreciated.

Thanks

Frou01 wrote: ↑

Sun Jul 19, 2020 7:01 pm

uklondonn wrote: ↑

Sat Jul 18, 2020 11:16 pm

Hi,

I've been thinking in a solution for this gamble: applying to BC (With Settle status) having a gap on employment and no CSI to provide.

And I remembered about the possibility to apply for Permanent Residence first (EEA Route).

I thought I would not have available this option (As It won't be valid anymore after the 31st of December 2020), but I've read that the 5 years qualifying period can be backdated, and you only need 1 year after you have accomplished that 5 years period to apply for BC. In other words, after the 5 years qualifying period, you become free of immigration control. That's why you can apply for British citizenship.

I've seen this here for example:
https://www.immigrationboards.com/eea-r ... 81827.html

Permanent Residence (PR)
Its validity is retroactive, i.e. an applicant can, in the appropriate circumstances, apply for British nationality straight after receiving PR (if PR is confirmed at a date a year or more earlier than application date).

If I can receive the PR confirmation before 31st of December 2020, and they write that I'm free from immigration control a year ago, I will be ready to apply for BC.

I've a few doubts I've written on this thread: https://www.immigrationboards.com/eea-r ... 03507.html

My main doubts are about timings (as PR would not be valid anymore on 2021), the need to provide proofs for any period previous to the 5 years qualifying period. (Otherwise I will have the same issues as with the BC), and anything wrong about applying for PR when you have already Settle Status.

I know my case is quite specific, and this solution might not work for most of you, but if you had the same bad lucky as me (If I had waited only a bit more to apply for Settle Status, I wouldn't had any issue at all), then maybe this is a good possibility.

Any help would be very much appreciated.

Thanks

Why would you do that?
If you have in your time in the UK 5 continuous years of employment then you automatically received a PR Status when they look at your application?

You would just state it anyway in your 10 year employment history and in your cover letter.

If you have been granted indefinite leave to enter or remain in the UK, including
under the EU Settlement Scheme, and use that to support your application we will
use the date you were granted ILR as the date that you became free from
immigration time restrictions. If you acquired permanent residence before being
granted indefinite leave to enter or remain under the EU Settlement Scheme and
want to rely on the date that you acquired permanent residence for your citizenship
application, you will need to have a permanent residence document.
.

If you believe you are free from immigration time restrictions to reside in the UK for
another reason, please give details at section 2.8 and provide evidence of this

If you are a national of a country which is a member state of the EEA or Switzerland,
or the family member of such a person and providing you complied with the
requirements of the EEA Regulations, such as holding comprehensive sickness
insurance, you will automatically have permanent residence status after exercising
free movement rights in the UK for any continuous period of 5 years ending on or
after 30 April 2006. If you wish to, you can apply for a permanent residence card to
prove that you hold the status before applying for citizenship. Information on
permanent residence cards can be found on the Gov.UK website.

If you or a family member are from the EU, EEA or Switzerland, you usually get ‘permanent residence’ status automatically after living in the UK for 5 years.

You need a permanent residence document that proves your status before you can apply for British citizenship.

You’ll usually need to have had permanent residence status for 12 months before you can apply for citizenship. You will not need to wait 12 months to apply if you’re married to or in a civil partnership with a British citizen

uklondonn wrote: ↑

Sun Jul 19, 2020 7:32 pm

Frou01 wrote: ↑

Sun Jul 19, 2020 7:01 pm

uklondonn wrote: ↑

Sat Jul 18, 2020 11:16 pm

Hi,

I've been thinking in a solution for this gamble: applying to BC (With Settle status) having a gap on employment and no CSI to provide.

And I remembered about the possibility to apply for Permanent Residence first (EEA Route).

I thought I would not have available this option (As It won't be valid anymore after the 31st of December 2020), but I've read that the 5 years qualifying period can be backdated, and you only need 1 year after you have accomplished that 5 years period to apply for BC. In other words, after the 5 years qualifying period, you become free of immigration control. That's why you can apply for British citizenship.

I've seen this here for example:
https://www.immigrationboards.com/eea-r ... 81827.html

Permanent Residence (PR)
Its validity is retroactive, i.e. an applicant can, in the appropriate circumstances, apply for British nationality straight after receiving PR (if PR is confirmed at a date a year or more earlier than application date).

If I can receive the PR confirmation before 31st of December 2020, and they write that I'm free from immigration control a year ago, I will be ready to apply for BC.

I've a few doubts I've written on this thread: https://www.immigrationboards.com/eea-r ... 03507.html

My main doubts are about timings (as PR would not be valid anymore on 2021), the need to provide proofs for any period previous to the 5 years qualifying period. (Otherwise I will have the same issues as with the BC), and anything wrong about applying for PR when you have already Settle Status.

I know my case is quite specific, and this solution might not work for most of you, but if you had the same bad lucky as me (If I had waited only a bit more to apply for Settle Status, I wouldn't had any issue at all), then maybe this is a good possibility.

Any help would be very much appreciated.

Thanks

Why would you do that?
If you have in your time in the UK 5 continuous years of employment then you automatically received a PR Status when they look at your application?

You would just state it anyway in your 10 year employment history and in your cover letter.

Hey @Frou01 , I know about the automatic status but I thought I would need to apply for Permanent Residence in order to get officially that status, so I can apply for British Citizenship with that route, instead of Settle Status.

I've had a quick read to the AN Guide https://assets.publishing.service.gov.u ... -06-20.pdf, and I can see this (Page 15):

If you have been granted indefinite leave to enter or remain in the UK, including
under the EU Settlement Scheme, and use that to support your application we will
use the date you were granted ILR as the date that you became free from
immigration time restrictions. If you acquired permanent residence before being
granted indefinite leave to enter or remain under the EU Settlement Scheme and
want to rely on the date that you acquired permanent residence for your citizenship
application, you will need to have a permanent residence document.
.

And this:

If you believe you are free from immigration time restrictions to reside in the UK for
another reason, please give details at section 2.8 and provide evidence of this

The wording is a little bit confusing, but in page 14 is more clear (At least for my understanding):

If you are a national of a country which is a member state of the EEA or Switzerland,
or the family member of such a person and providing you complied with the
requirements of the EEA Regulations, such as holding comprehensive sickness
insurance, you will automatically have permanent residence status after exercising
free movement rights in the UK for any continuous period of 5 years ending on or
after 30 April 2006. If you wish to, you can apply for a permanent residence card to
prove that you hold the status before applying for citizenship. Information on
permanent residence cards can be found on the Gov.UK website.

It's saying that I need to have a permanent residence card in order to apply for British citizenship with this route...

Did you see something different in any other part of the guide?

UNLESS, "If you wish" means... it's totally optional. But it's super confusing...

alterhase58 wrote: ↑

Sun Jul 19, 2020 9:14 pm

Re. PR card requirement for naturalisation:
the requirement to have a document certifying permanent residence has been in place since 2015, and had to be held one year (just like ILR & Settled Status) from acquiring PR (except if PR was acquired more than five years before application then could be used immediately). And if spouse is British citizen then could apply immediately.

If you already have an outstanding immigration application
In most cases, your outstanding immigration application will not be considered if you apply for the EU Settlement Scheme. You’ll get a refund for your outstanding application.
Contact UK Visas and Immigration (UKVI) to find out how your outstanding immigration application will be affected.

dogcat wrote: ↑

Sun Jul 19, 2020 8:23 pm

Assuming, you've been granted Settled Status, I don't think anybody is going to revoke it for you so you can then apply for PR card.

Why not just explain that you have been exercising treaty rights for 5 cont.years at some point and achieved PR status therefore there was no need for you to be exercising treaty rights past the point of achieving PR status.

uklondonn wrote: ↑

Sun Jul 19, 2020 11:30 pm

alterhase58 wrote: ↑

Sun Jul 19, 2020 9:14 pm

Re. PR card requirement for naturalisation:
the requirement to have a document certifying permanent residence has been in place since 2015, and had to be held one year (just like ILR & Settled Status) from acquiring PR (except if PR was acquired more than five years before application then could be used immediately). And if spouse is British citizen then could apply immediately.

Thank you.

Thanks for clarifying Alterhase58.

Now I need to find out if I can apply for PR having Settle status. I'm in doubt because I found this:
https://www.gov.uk/settled-status-eu-ci ... ve-applied

If you already have an outstanding immigration application
In most cases, your outstanding immigration application will not be considered if you apply for the EU Settlement Scheme. You’ll get a refund for your outstanding application.
Contact UK Visas and Immigration (UKVI) to find out how your outstanding immigration application will be affected.

And they actually ask me for any Home Office visa/document I've applied for and the number. So they are going to find out about my Settle Status straight away.

I might call the Home Office support line to ask about this... Unless anyone found something in an official guide? Or by someone's experience?

dogcat wrote: ↑

Sun Jul 19, 2020 8:23 pm

Assuming, you've been granted Settled Status, I don't think anybody is going to revoke it for you so you can then apply for PR card.

Why not just explain that you have been exercising treaty rights for 5 cont.years at some point and achieved PR status therefore there was no need for you to be exercising treaty rights past the point of achieving PR status.

By the way dogcat, where you assuming Frou01 was alright? I thought Froud had a recent experience with this... But it actually makes more sense what Alterhase58 was saying: this has changed over the time (2015). I remembered people talking about not needing PR document in BC application but that can be in some very old threads, and also the documents seems to match with Alterhase58 is saying so...

And it make sense about not revoking Settle Status, but who knows with Home Office and their weird interpretation about laws... We can only trust on documents/guides or previous people experiences...

Good luck in your case Frou01! Hopefully you will be fine! Exactly the same as the rest of the people that have applied before the update on May You also made an update after the guide change, but hopefully that would be totally fine. The issue comes with people that have applied after... If there is any!!


By the way, anyone remembers for a Permanent Residence application if Home Office can start the qualifying year in the middle of the year? Or they only count FULL financial or natural years? (They only ask for P60's)
Because I would like to be taken in account my first half fiscal year too.

If anyone is experienced with PR, please, help me on this thread: https://www.immigrationboards.com/eea-r ... 03507.html
I think most of the people experienced with PR are gone already

Thanks!

jpl wrote: ↑

Fri Jul 31, 2020 11:55 am

Hi everyone,

Just wanted to check in to provide another data point in case someone in a similar position to myself finds it useful.

I applied for naturalisation just after the new rules on Settled Status and CSI were published. While I did have CSI for the relevant parts of my qualifying period, the Home Office rejected my evidence for it (Form E104) when I applied for permanent residence. As a result, I was quite nervous about them rejecting my naturalisation application on the same basis, but I'm really relieved to say that I received my approval email today!

The conclusion I draw is that either (1) the Home Office is more willing to accept different types of evidence of CSI than they have in the past; or (2) the they rejected my evidence, but were lenient with respect to the requirement to have had CSI. I don't personally believe that they would apply a cutoff policy with respect to the date they published the new guidelines, but for what it's worth, I sent in my application the day after the guidelines were published.

Best of luck to those of you still waiting to hear back.

vimaed wrote: ↑

Sun Aug 02, 2020 3:43 pm

On what grounds does the HO exercise discretion for you not having a CSI while being a student? I have been living in the UK since I was a a young child (2004) did school and finished university a year ago, got my settled status in May 2019. I want to apply for Citizenship but im afraid they will deny me on grounds of not having CSI while I was at university over the last 5 years.

Have anyone been successful with the home office granting discretion for not having CSI?

uklondonn wrote: ↑

Sun Aug 02, 2020 12:02 pm

Hi,
jpl thanks for your message!
If Home Office rejected your E104, what kind of evidence did you provide them after the rejection?
How big was/were your gap/s? (No employment)
Where you an student or self sufficient? Did you provide any more documentation to support your application (student or self sufficient periods)?

Thanks a lot!!

jpl wrote: ↑

Sun Aug 02, 2020 5:20 pm

uklondonn wrote: ↑

Sun Aug 02, 2020 12:02 pm

Hi,
jpl thanks for your message!
If Home Office rejected your E104, what kind of evidence did you provide them after the rejection?
How big was/were your gap/s? (No employment)
Where you an student or self sufficient? Did you provide any more documentation to support your application (student or self sufficient periods)?

Thanks a lot!!

I came here as a student in 2012 and graduated in 2017, so my understanding is that I would have had to show evidence of CSI coverage between 2015-2017 (2020 minus 5 years). I've been working full-time since I left university, so I was lucky enough not to have any further gaps there.

With respect to my rejected E104, I contacted the social security authorities of my home country to ask if there was any other document they could provide. The administrators I ended up speaking to were quite taken aback that any other EU/EEA country would refuse an E104 - which is meant to be accepted by everyone, even without translation - and the only other document they were happy to issue was a letter in English saying something to the effect of

"This is to certify that jpl was de-registered from [country] social security on [date in 2017]"
- which is of course exactly what the E104 said in the first place! Anyway, I attached both the original E104 and the letter to my application.

When applying for permanent residence, I had also uploaded the Kent University practice note on E104s. Home Office seemed not to have taken it into any consideration, given their refusal, but I figured it couldn't hurt to attach it again to my citizenship application.

I also added P60s and a letter from my employer to prove residence for the time I spent here since I graduated. I didn't submit anything to prove economic self-sufficiency for my time as a student, and was never asked to provide any additional documents.

so my understanding is that I would have had to show evidence of CSI coverage between 2015-2017 (2020 minus 5 years)

.You must assess whether the applicant was lawfully
resident under the EEA Regulations in accordance with that guidance and therefore
lawfully in the UK for any residence prior to the grant of pre-settled status, or settled
status.

You must assess whether the individual has been here lawfully during their 3 or 5
year residential period prior to pre-settled status or settled status

People who were in the UK in accordance with EU law may have acquired
permanent residence at some point, despite not having a document. A right to reside
under EU law exists automatically where the terms of the EEA Regulations are met.
If they had time periods where they were not here in accordance with the EEA
Reulations you must determine if they were here lawfully on the basis that they had
previously acquired permanent residence and were no longer required to meet
certain requirements, such as being a qualified person.

uklondonn wrote: ↑

Sun Aug 02, 2020 9:46 pm

Oh, hang on, I missed the bit about your rejection of E104 in your Permanent Residence application. I thought that rejection was in the Naturalisation application.

I guess by Permanent Residence you meant "EU Settlement Scheme"? Just to be sure, because permanent Residence, is something different that requires different documentation and CSI was actually a requirement.
For EU Settlement Scheme CSI is not a requirement.
So I'm a bit confuse about your reasons to include the E104 in your EU Settlement application...
Did you included the letter from your country's social security after the rejection? Or how was that process? (I'm trying to understand if that letter makes any difference at all)

And now, knowing that the rejection (About E104) was when applying for EU Settlement Scheme... (Maybe it make sense, as it was not necessary) Would you mind to explain what documents have you included in your naturalisation application? Only the official E104, both the form E104 + the letter?