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

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Learning18
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Posts: 80
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United Kingdom

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

Post by Learning18 » Sat May 23, 2020 9:21 pm

Rbgotpwr wrote:
Fri May 22, 2020 7:44 pm
Frou01 wrote:
Tue May 19, 2020 12:06 pm
I understand, Simon. Thank you.

However I still have some hope the new published requirement won’t apply to those with pending applications.
Because most in those cases wouldn’t applied and had all this effort regarding their application started by learning and the first £50 for Lituk test.

I assume HO will receive from yesterday on a lot less applications by EU nationals with Settled Status Surinder Singh route they wouldn’t risk it - so wouldn’t I even when the news being published a minute before I want to press the submit button.

I hope that there will be a general discretion of everyone applying before 15th in that position.

I also hope for more clarity.

I for my part contacted my MP yesterday and I’m in contact with him.
It doesn’t apply to applicants with pending applications. I got approved this week for BC and been in the UK prior to settled status as a student without CSI.
Congratulations!! I am happy for you. :)

Hopefully we get to hear good news on our applications like yours *fingers crossed*

beaujam90
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General discussion on CSI and Settled Status. Big issues for people on the EEA-Applications Routes

Post by beaujam90 » Sun May 24, 2020 1:40 pm

Hello !

I have found an article that is worrying me and that I would like to share:

''The new naturalisation guidance, issued on 15 May, is the first time the home office has said that having settled status is not sufficient to be granted permanent residency.''

https://apple.news/ABfQiKSRoRJW1TelL_HNoAw

Many people will be refused BC even if they have had Settled status for over 1 year.

Is this legal ?

mary jane89
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Estonia

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

Post by mary jane89 » Sun May 24, 2020 2:17 pm

Has anyone else experience being a student, not KNOWING they require CSI since they were not told they require this and then going into full time employment?
Because I have been doing things ever since coming to the UK. I studied full time for 4 years (college later uni). Have been working and paying tons of tax for 3 years after graduation. I just read they changed the rules again. It used to be the case that one year after getting your settles status you could easily apply for citizenship.
Now you need to have had CSI during your time as a student. Had I been told of this I would have happily gotten this. Who else is in this situation and what can be done ? I also don't understand part "You must consider why the applicant did not have comprehensive sickness
insurance. Where someone has been granted ILR under the EUSS but has not been
resident here in accordance with the EEA regulations (prior to grant of pre-settled
status or settled status) due to a lack of compreh :cry: :cry: ensive sickness insurance you
should consider whether it is appropriate to exercise discretion in their favour. " what does this mean ? is it about the settled status scheme ?

sorry for the double post, I am hysterical and in tears :cry: :cry:

castorp
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Poland

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

Post by castorp » Sun May 24, 2020 2:26 pm

Rbgotpwr wrote:
Fri May 22, 2020 7:44 pm
Frou01 wrote:
Tue May 19, 2020 12:06 pm
I understand, Simon. Thank you.

However I still have some hope the new published requirement won’t apply to those with pending applications.
Because most in those cases wouldn’t applied and had all this effort regarding their application started by learning and the first £50 for Lituk test.

I assume HO will receive from yesterday on a lot less applications by EU nationals with Settled Status Surinder Singh route they wouldn’t risk it - so wouldn’t I even when the news being published a minute before I want to press the submit button.

I hope that there will be a general discretion of everyone applying before 15th in that position.

I also hope for more clarity.

I for my part contacted my MP yesterday and I’m in contact with him.
It doesn’t apply to applicants with pending applications. I got approved this week for BC and been in the UK prior to settled status as a student without CSI.
+1 here: I got my BC application approved this week even though I was a student at the beginning of the 5-year period (for the first 18 months). Not clear however, whether it's a sign of a systemic approach or a discretion of the case worker...

alien_
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United Kingdom

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

Post by alien_ » Sun May 24, 2020 2:29 pm

Hi all,


I would greatly appreciate some insight on my situation.

I'm originally from the EU and become a student between 2012 and 2016 without CSI. However, I had permanent residence status based on 5 year living in the UK (without applying for a permanent residence document) by the time I started my studies. Doesn't that mean I was an ordinary resident of the UK, with legal right to access the NHS when I started my studies, eliminating the need for CSI? I was treated as domestic students by the university as well.

Thanks in advance!


Sources:
https://www.gov.uk/permanent-residence-document-eu-eea
https://assets.publishing.service.gov.u ... 2.0EXT.pdf
https://assets.publishing.service.gov.u ... e_tool.pdf

Lopand
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Poland

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

Post by Lopand » Sun May 24, 2020 3:03 pm

It seems like they are now asking for CSI even from EU applicants with pending applications. Read this:

https://www.independent.co.uk/news/uk/p ... 27036.html

Check out this quote:

"And a second, Larissa, protested: “This has just happened to me. Submitted my naturalisation application in January and three days ago I was told to provide evidence of private medical insurance from 2013!"

I'm having the same problem as I was a student without CSI on my first year in the UK. Applied for naturalisation on February (still no response).

pimlicollb31
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General discussion on CSI and Settled Status. Big issues for people on the EEA-Applications Routes

Post by pimlicollb31 » Sun May 24, 2020 4:29 pm

mary jane89 wrote:
Sun May 24, 2020 2:17 pm
Has anyone else experience being a student, not KNOWING they require CSI since they were not told they require this and then going into full time employment?
Because I have been doing things ever since coming to the UK. I studied full time for 4 years (college later uni). Have been working and paying tons of tax for 3 years after graduation. I just read they changed the rules again. It used to be the case that one year after getting your settles status you could easily apply for citizenship.
Now you need to have had CSI during your time as a student. Had I been told of this I would have happily gotten this. Who else is in this situation and what can be done ? I also don't understand part "You must consider why the applicant did not have comprehensive sickness
insurance. Where someone has been granted ILR under the EU Settlement Scheme but has not been
resident here in accordance with the EEA regulations (prior to grant of pre-settled
status or settled status) due to a lack of compreh :cry: :cry: ensive sickness insurance you
should consider whether it is appropriate to exercise discretion in their favour. " what does this mean ? is it about the settled status scheme ?

sorry for the double post, I am hysterical and in tears :cry: :cry:
Hello,

I have been granted citizenship last week on the 18th of May on basis of settled status as an EU student. I been studying for the whole qualifying period of 5 years and did not have CSI. My application has still been granted. I hope this makes you feel better.

I am not sure whether this will only affect people onwards only. There has been reports in the press this morning (BBC) that some people who applied in January like me were asked for CSI.

My best guess, as the Home Office guidance update states, it’s at the caseworker discretion to grant citizenship if lack of CSI. So I’d say it will be by case to case basis. We will see in the future whether people are being rejected on this basis.

tcell88
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Romania

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

Post by tcell88 » Sun May 24, 2020 5:11 pm

Lopand wrote:
Sun May 24, 2020 3:03 pm
It seems like they are now asking for CSI even from EU applicants with pending applications. Read this:

https://www.independent.co.uk/news/uk/p ... 27036.html

Check out this quote:

"And a second, Larissa, protested: “This has just happened to me. Submitted my naturalisation application in January and three days ago I was told to provide evidence of private medical insurance from 2013!"

I'm having the same problem as I was a student without CSI on my first year in the UK. Applied for naturalisation on February (still no response).
Has anyone here received such a request? The article is from the Independent which tends to overhype their articles and at times 'invent' evidence. Although, in this case it's appreciated :-D

Frou01
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Re: General discussion on CSI and Settled Status. Big issues for people on the EEA-Applications Routes

Post by Frou01 » Sun May 24, 2020 5:57 pm

tcell88 wrote:
Sun May 24, 2020 5:11 pm
Lopand wrote:
Sun May 24, 2020 3:03 pm
It seems like they are now asking for CSI even from EU applicants with pending applications. Read this:

https://www.independent.co.uk/news/uk/p ... 27036.html

Check out this quote:

"And a second, Larissa, protested: “This has just happened to me. Submitted my naturalisation application in January and three days ago I was told to provide evidence of private medical insurance from 2013!"

I'm having the same problem as I was a student without CSI on my first year in the UK. Applied for naturalisation on February (still no response).
Has anyone here received such a request? The article is from the Independent which tends to overhype their articles and at times 'invent' evidence. Although, in this case it's appreciated :-D
Well, whatever we think about the independent... but they’re quoting a spokesman of HO, which I’m sure they didn’t overhyped.
And that statement is very obvious:

“ A Home Office spokesperson insisted there was no change to the guidance issued in 2018, saying: “These requirements are not new and have always been in place.

“If someone wishes to make an application for citizenship, they are very welcome to do so through the usual routes and fulfil the requirements for naturalisation.”

mary jane89
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Estonia

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

Post by mary jane89 » Sun May 24, 2020 8:27 pm

tcell88 wrote:
Sun May 24, 2020 5:11 pm
Lopand wrote:
Sun May 24, 2020 3:03 pm
It seems like they are now asking for CSI even from EU applicants with pending applications. Read this:

https://www.independent.co.uk/news/uk/p ... 27036.html

Check out this quote:

"And a second, Larissa, protested: “This has just happened to me. Submitted my naturalisation application in January and three days ago I was told to provide evidence of private medical insurance from 2013!"

I'm having the same problem as I was a student without CSI on my first year in the UK. Applied for naturalisation on February (still no response).
Has anyone here received such a request? The article is from the Independent which tends to overhype their articles and at times 'invent' evidence. Although, in this case it's appreciated :-D
Salut.
I quoted official new guidelines published only a week ago on the 15ht of May.
https://www.gov.uk/government/publicati ... y-guidance
I found out about this change while browsing reddit. I've calmed down now, but am still heartbroken and upset. It feels like being punished. Sorry to dramatize, I just want to be able to live life like anyone else. Have also had trouble at workplaces in London with veiled discrimination and think I'd get promoted if I were British.

mary jane89
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Posts: 4
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Re: General discussion on CSI and Settled Status. Big issues for people on the EEA-Applications Routes

Post by mary jane89 » Sun May 24, 2020 8:30 pm

Frou01 wrote:
Sun May 24, 2020 5:57 pm
tcell88 wrote:
Sun May 24, 2020 5:11 pm
Lopand wrote:
Sun May 24, 2020 3:03 pm
It seems like they are now asking for CSI even from EU applicants with pending applications. Read this:

https://www.independent.co.uk/news/uk/p ... 27036.html

Check out this quote:

"And a second, Larissa, protested: “This has just happened to me. Submitted my naturalisation application in January and three days ago I was told to provide evidence of private medical insurance from 2013!"

I'm having the same problem as I was a student without CSI on my first year in the UK. Applied for naturalisation on February (still no response).
Has anyone here received such a request? The article is from the Independent which tends to overhype their articles and at times 'invent' evidence. Although, in this case it's appreciated :-D
Well, whatever we think about the independent... but they’re quoting a spokesman of HO, which I’m sure they didn’t overhyped.
And that statement is very obvious:

“ A Home Office spokesperson insisted there was no change to the guidance issued in 2018, saying: “These requirements are not new and have always been in place.

“If someone wishes to make an application for citizenship, they are very welcome to do so through the usual routes and fulfil the requirements for naturalisation.”
I did not read through the independent article, I read their new official guidelines. They apply to EEA nationals. they've updated them on 15th of May. I was about to apply next month but now I am forced to postpone util I'll have worked a full 5 years. I did work as a student, but I earned extremely little (£200 a week) so I don;t think that works ...I remembered though I did get CSI for 1 year back in 2016 (my memory is terrible these days) so hopefully will be able to apply in one year. I'll even get that insurance again just in case, I am so completely paranoid.

Frou01
Member of Standing
Posts: 382
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Mood:
Finland

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

Post by Frou01 » Sun May 24, 2020 9:16 pm

mary jane89 wrote:
Sun May 24, 2020 8:30 pm
Frou01 wrote:
Sun May 24, 2020 5:57 pm
tcell88 wrote:
Sun May 24, 2020 5:11 pm
Lopand wrote:
Sun May 24, 2020 3:03 pm
It seems like they are now asking for CSI even from EU applicants with pending applications. Read this:

https://www.independent.co.uk/news/uk/p ... 27036.html

Check out this quote:

"And a second, Larissa, protested: “This has just happened to me. Submitted my naturalisation application in January and three days ago I was told to provide evidence of private medical insurance from 2013!"

I'm having the same problem as I was a student without CSI on my first year in the UK. Applied for naturalisation on February (still no response).
Has anyone here received such a request? The article is from the Independent which tends to overhype their articles and at times 'invent' evidence. Although, in this case it's appreciated :-D
Well, whatever we think about the independent... but they’re quoting a spokesman of HO, which I’m sure they didn’t overhyped.
And that statement is very obvious:

“ A Home Office spokesperson insisted there was no change to the guidance issued in 2018, saying: “These requirements are not new and have always been in place.

“If someone wishes to make an application for citizenship, they are very welcome to do so through the usual routes and fulfil the requirements for naturalisation.”
I did not read through the independent article, I read their new official guidelines. They apply to EEA nationals. they've updated them on 15th of May. I was about to apply next month but now I am forced to postpone util I'll have worked a full 5 years. I did work as a student, but I earned extremely little (£200 a week) so I don;t think that works ...I remembered though I did get CSI for 1 year back in 2016 (my memory is terrible these days) so hopefully will be able to apply in one year. I'll even get that insurance again just in case, I am so completely paranoid.
As I understand it, it is about the last 10 year history and there shouldn’t be times without CSI in case of being economically inactive, not about 5 years. Look at the quote above they asked here now to prove CSI for 2013 which is 7 years ago.

But don’t let us get too frustrated. Who knows maybe they change it again? There are lots of complaints, this article mentions people who campaign for EU citizens rights and there been successful with other issues in the past.

beaujam90
- thin ice -
Posts: 98
Joined: Wed Dec 16, 2015 8:56 pm

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

Post by beaujam90 » Sun May 24, 2020 11:53 pm

The HO move the goal post for the EU citizens applying for the British citizens.
I am sure that so many of us with be refused BC.

Frou01
Member of Standing
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Mood:
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General discussion on CSI and Settled Status. Big issues for people on the EEA-Applications Routes

Post by Frou01 » Mon May 25, 2020 12:42 am

Would they accept a letter of the home countries insurance covering these years accepted?

magicsign
Junior Member
Posts: 84
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Italy

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

Post by magicsign » Mon May 25, 2020 8:38 am

According to what it's written in the "Naturalisation as a British citizen by discretion" guidance :

https://www.gov.uk/government/publicati ... y-guidance

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, by considering on the balance of probabilities whether they were here:
as a qualified person (such as a worker, student, self-employed, self-sufficient, retired or incapacitated person)
• as the family member of such a person.
Evidence of this can include API data or documents previously submitted to satisfy their lawful residence. Where appropriate, you must also be satisfied that the person was lawfully in the UK, with comprehensive sickness insurance (CSI).


When we look at what qualified person means:
https://www.gov.uk/apply-for-a-uk-resid ... ligibility

A qualified person is someone who is in the UK and one of the following applies:

they’re working
they’re self-employed
they’re self-sufficient
they’re studying
they’re looking for work (only if they meet certain conditions)


In detail :

https://assets.publishing.service.gov.u ... -03-19.pdf

‘Qualified person’ means an EEA national who is in the UK as a worker, self-employed person,
self-sufficient person, student, or jobseeker. It also includes periods when you/they were
temporarily unable to work due to illness or accident, involuntarily unemployed and looking for
work, or unemployed and doing vocational training.


Excluding students, this means in theory that periods of unemployment/redundancy should be covered up to 6 months, according to the Treaty rights guidance :

https://www.gov.uk/government/publicati ... aty-rights

Where the person claims to have been temporarily unemployed or between jobs, he/she must provide evidence that they have been a job seeker for six month or less for the child to have a claim. If the person has been on jobseekers for more than six months, this will not necessarily count against a claim but it would be more difficult to establish one in these circumstances.

In more detail :

Where an EEA national has worked in the United Kingdom but temporarily ceases to work due to illness, accident/injury, maternity leave or redundancy/short term contract, the following should be considered:
if the person claims to be temporarily unemployed as a result of an accident or injury, he/she must provide medical evidence to support his/her case.
if a person claims to be involuntarily unemployed (redundancy/short term contract), he/she must provide evidence in the form of interview or job centre letters that he/she is genuinely seeking work. If the person has been out of work for over six months and appears to have made little or no attempts (no job interviews or contacts with the Job Centre) of returning to work, the application should be refused.
15.8 As a general guide, it would not be expected for an EEA national to remain temporarily unemployed or claiming top up funds for more than six months. This is, however, just a guide and does not mean that being on benefits for longer than six months would count against a claim. EEA nationals claiming benefits for more than this period can still be regarded as settled if they were working (exercising treaty rights) throughout the qualifying period and not overwhelming dependent on public funds.



To summarize I believe that, as a worker, if we have been out for work for up to 6 months for the last 5 years and we can prove it AND we meet all other requirements for naturalisation, there shouldn't be issues.

AnotherUUID
Member
Posts: 178
Joined: Tue Mar 18, 2014 4:23 pm
United Kingdom

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

Post by AnotherUUID » Mon May 25, 2020 1:59 pm

Frou01 wrote:
Sun May 24, 2020 9:16 pm
As I understand it, it is about the last 10 year history and there shouldn’t be times without CSI in case of being economically inactive, not about 5 years. Look at the quote above they asked here now to prove CSI for 2013 which is 7 years ago.
This is the main thing from that article that caught my attention. But the only part of the application for naturalsiation that goes back further than the 3 or 5 year period prior to the date of the application is the Good Character Requirement. Which, ironically, we have no clear guidance as to how CSI might affect that.

But, as you have noticed yourself, there are many issues with the news article. One is the quote from the HO spokesman which is clearly wrong, unless he/she meant that the laws behind it haven't changed (just their interpretation) which would be correct.

Then there's the apparent confusion of the author with respect to settled status under the EUSS (under UK rules) and permanent residency (under EEA rules), both of which de facto lead to the applicant being "settled". The author appears to suggest that PR is the "full path to citizenship" (whatever that means), which is factually incorrect as EUSS applicants obviously don't need to have DCPR to apply.

And finally, the quote from the applicant who was asked to show their CSI from 2013 is still a sample size of 1. There may or may not have been other reasons in their application for HO to ask that, and we can't know that.

Personally, I take news articles with a lot of salt as there's always a risk of inaccuracies and bias due to cherry-picking example cases. I hope we see a clearer picture of what's going on through first hand reports from members here re their own applications.

tcell88
Newly Registered
Posts: 18
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Romania

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

Post by tcell88 » Mon May 25, 2020 2:17 pm

AnotherUUID wrote:
Mon May 25, 2020 1:59 pm
Frou01 wrote:
Sun May 24, 2020 9:16 pm
As I understand it, it is about the last 10 year history and there shouldn’t be times without CSI in case of being economically inactive, not about 5 years. Look at the quote above they asked here now to prove CSI for 2013 which is 7 years ago.
This is the main thing from that article that caught my attention. But the only part of the application for naturalsiation that goes back further than the 3 or 5 year period prior to the date of the application is the Good Character Requirement. Which, ironically, we have no clear guidance as to how CSI might affect that.

But, as you have noticed yourself, there are many issues with the news article. One is the quote from the HO spokesman which is clearly wrong, unless he/she meant that the laws behind it haven't changed (just their interpretation) which would be correct.

Then there's the apparent confusion of the author with respect to settled status under the EU Settlement Scheme (under UK rules) and permanent residency (under EEA rules), both of which de facto lead to the applicant being "settled". The author appears to suggest that PR is the "full path to citizenship" (whatever that means), which is factually incorrect as EU Settlement Scheme applicants obviously don't need to have DCPR to apply.

And finally, the quote from the applicant who was asked to show their CSI from 2013 is still a sample size of 1. There may or may not have been other reasons in their application for HO to ask that, and we can't know that.

Personally, I take news articles with a lot of salt as there's always a risk of inaccuracies and bias due to cherry-picking example cases. I hope we see a clearer picture of what's going on through first hand reports from members here re their own applications.
Also the spelling of the names in the article are not what you would expect ...

Frou01
Member of Standing
Posts: 382
Joined: Thu Apr 30, 2020 10:29 pm
Mood:
Finland

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

Post by Frou01 » Mon May 25, 2020 4:11 pm

AnotherUUID wrote:
Mon May 25, 2020 1:59 pm
Frou01 wrote:
Sun May 24, 2020 9:16 pm
As I understand it, it is about the last 10 year history and there shouldn’t be times without CSI in case of being economically inactive, not about 5 years. Look at the quote above they asked here now to prove CSI for 2013 which is 7 years ago.
This is the main thing from that article that caught my attention. But the only part of the application for naturalsiation that goes back further than the 3 or 5 year period prior to the date of the application is the Good Character Requirement. Which, ironically, we have no clear guidance as to how CSI might affect that.

But, as you have noticed yourself, there are many issues with the news article. One is the quote from the HO spokesman which is clearly wrong, unless he/she meant that the laws behind it haven't changed (just their interpretation) which would be correct.

Then there's the apparent confusion of the author with respect to settled status under the EU Settlement Scheme (under UK rules) and permanent residency (under EEA rules), both of which de facto lead to the applicant being "settled". The author appears to suggest that PR is the "full path to citizenship" (whatever that means), which is factually incorrect as EU Settlement Scheme applicants obviously don't need to have DCPR to apply.

And finally, the quote from the applicant who was asked to show their CSI from 2013 is still a sample size of 1. There may or may not have been other reasons in their application for HO to ask that, and we can't know that.

Personally, I take news articles with a lot of salt as there's always a risk of inaccuracies and bias due to cherry-picking example cases. I hope we see a clearer picture of what's going on through first hand reports from members here re their own applications.
I absolutely agree with you and you speak a lot of sense.

I find that quote from the spokesman very misleading, instead of helping it just starts more confusing.
I can clearly say there have been people 2 years ago and last week been approved claiming they would have need CSI in those cases.

I also feel confused about following:

1. The guidance state out people need to write into the box of their form if and why they didn’t have CSI.
I can clearly say my form submitted 1st May did not have this.
I will work with that fact in my cover letter and I think it says it all when I didn’t have that updated new (?) questions.

2. Why is the guidance for applicants not updated?
Seriously, that is the source we’re applicants look at.
I’m sure 90% of people now talking about that topic wouldn’t know about the other guidance when the article wouldn’t refer to it.

3. Why are there no announcements with notice. Even by raising fees e.g. people know what to expect and make up their mind.
It is totally unfair and out of touch to just apply new requirements at the point you paid (my case) or if you have a year old pending application and been asked now to provide CSI.

The topic CSI must be highlighted more intense. Unfair ways to use a sudden change to make it more difficult are absolutely unacceptable.
I know they might be right about CSI, but there must be more awareness. The HO should make a campaign like about Settled Status and give people a fair chance.
No one can legally backdate CSI. There’s no chance.
It’s not difficult to communicate something a lot better which seems major important to them.


I will remain with some hope things might eventually change. However with a pending application I need to focus on standing a chance for discretion and hope some of the great people here can help people like me how to ask for discretion in their cover letters.

Lopand
Member
Posts: 107
Joined: Thu May 21, 2020 11:33 am
Poland

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

Post by Lopand » Mon May 25, 2020 8:17 pm

I want us all to not panic and get encouragement from the fact that at least on this forum not a single EU applicant with pending application has been asked to provide CSI, nor has been rejected for the lack of. Even more encouraging, a few EU applicants posted here that they've received approvals last week without being asked for CSI, even though they had applied based on their EU Settled Status and were students for a part of the time. This whole situation is very stressful, but we should focus on what we know reliably and keep hoping for the best.

Good luck for all of us!

Frou01
Member of Standing
Posts: 382
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Mood:
Finland

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

Post by Frou01 » Mon May 25, 2020 9:45 pm

Lopand wrote:
Mon May 25, 2020 8:17 pm
I want us all to not panic and get encouragement from the fact that at least on this forum not a single EU applicant with pending application has been asked to provide CSI, nor has been rejected for the lack of. Even more encouraging, a few EU applicants posted here that they've received approvals last week without being asked for CSI, even though they had applied based on their EU Settled Status and were students for a part of the time. This whole situation is very stressful, but we should focus on what we know reliably and keep hoping for the best.

Good luck for all of us!
Very well said. I like that.

beaujam90
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Re: General discussion on CSI and Settled Status. Big issues for people on the EEA-Applications Routes

Post by beaujam90 » Tue May 26, 2020 12:45 am

Frou01 wrote:
Mon May 25, 2020 9:45 pm
Lopand wrote:
Mon May 25, 2020 8:17 pm
I want us all to not panic and get encouragement from the fact that at least on this forum not a single EU applicant with pending application has been asked to provide CSI, nor has been rejected for the lack of. Even more encouraging, a few EU applicants posted here that they've received approvals last week without being asked for CSI, even though they had applied based on their EU Settled Status and were students for a part of the time. This whole situation is very stressful, but we should focus on what we know reliably and keep hoping for the best.

Good luck for all of us!
Very well said. I like that.

When you apply for the Permanent Residence card (DCPR) under the EU 2004/32/EC directive, the HO caseworker has absolutely no discretion (0% discretion) in he/her decision making. Because it's under the EU law.

The EUSS (Settled status) is under the UK immigration law, the caseworker can apply discretion in favour of the applicant who want to apply for Settled status.

The British citizenship law is part of the UK immigration law only. The caseworker can apply discretion in favour of the DCPR or Settled status holder applicants. The HO refusing discretion for the Settled Status holders is illegal and contradictory to the UK law. To acquire Settled status one must have 5 years lawful residence, the mire fact that one has Settled statusS is a proof that 5 year lawful residence has already been acquired. The EU regulation 2004/32/EC has been repealed by the UK parliament (with all the other EU laws).

Put it in other words, if you have Settled Status, the 5 years lawful requirement for applying for the BC is already acquired and you don't need to wait another 5 years to apply for the BC, otherwise it's discriminatory against the Settled status holders.

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

Post by ValenS » Tue May 26, 2020 12:58 am

Frou01 wrote:
Sun May 24, 2020 5:57 pm
“ A Home Office spokesperson insisted there was no change to the guidance issued in 2018, saying: “These requirements are not new and have always been in place.
Well good to know because the British Citizenship Application qualifying period is 3 or 5 years always counted from the date of the British Citizenship application backwards and it is not possible to rely on a historic period of residence. So I understand 'prior to Settled Status' means in the 5 years time of the qualifying period for British Citizenship which I understand is from the date of British Citizenship application backwards, is it not?

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

Post by Frou01 » Tue May 26, 2020 1:16 am

beaujam90 wrote:
Tue May 26, 2020 12:45 am
Frou01 wrote:
Mon May 25, 2020 9:45 pm
Lopand wrote:
Mon May 25, 2020 8:17 pm
I want us all to not panic and get encouragement from the fact that at least on this forum not a single EU applicant with pending application has been asked to provide CSI, nor has been rejected for the lack of. Even more encouraging, a few EU applicants posted here that they've received approvals last week without being asked for CSI, even though they had applied based on their EU Settled Status and were students for a part of the time. This whole situation is very stressful, but we should focus on what we know reliably and keep hoping for the best.

Good luck for all of us!
Very well said. I like that.

When you apply for the Permanent Residence card (DCPR) under the EU 2004/32/EC directive, the HO caseworker has absolutely no discretion (0% discretion) in he/her decision making. Because it's under the EU law.

The EU Settlement Scheme (Settled status) is under the UK immigration law, the caseworker can apply discretion in favour of the applicant who want to apply for Settled status.

The British citizenship law is part of the UK immigration law only. The caseworker can apply discretion in favour of the DCPR or Settled status holder applicants. The HO refusing discretion for the Settled Status holders is illegal and contradictory to the UK law. To acquire Settled status one must have 5 years lawful residence, the mire fact that one has Settled statusS is a proof that 5 year lawful residence has already been acquired. The EU regulation 2004/32/EC has been repealed by the UK parliament (with all the other EU laws).

Put it in other words, if you have Settled Status, the 5 years lawful requirement for applying for the BC is already acquired and you don't need to wait another 5 years to apply for the BC, otherwise it's discriminatory against the Settled status holders.
It just proving you haven’t read the guidance about naturalisation. There’s a section about discretion NOT Settled Status.
Besides I have seen many people being approved for citizenship who would have needed CSI.

It would be kind if you don’t make up your own interpretations and mix up facts.

Please feel free to read the guidance. I’m not interested in people tagging and involving me for speculations.
That’s not helpful.

beaujam90
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Posts: 98
Joined: Wed Dec 16, 2015 8:56 pm

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

Post by beaujam90 » Tue May 26, 2020 1:43 am

Frou01 wrote:
Tue May 26, 2020 1:16 am
beaujam90 wrote:
Tue May 26, 2020 12:45 am
Frou01 wrote:
Mon May 25, 2020 9:45 pm
Lopand wrote:
Mon May 25, 2020 8:17 pm
I want us all to not panic and get encouragement from the fact that at least on this forum not a single EU applicant with pending application has been asked to provide CSI, nor has been rejected for the lack of. Even more encouraging, a few EU applicants posted here that they've received approvals last week without being asked for CSI, even though they had applied based on their EU Settled Status and were students for a part of the time. This whole situation is very stressful, but we should focus on what we know reliably and keep hoping for the best.

Good luck for all of us!
Very well said. I like that.

When you apply for the Permanent Residence card (DCPR) under the EU 2004/32/EC directive, the HO caseworker has absolutely no discretion (0% discretion) in he/her decision making. Because it's under the EU law.

The EU Settlement Scheme (Settled status) is under the UK immigration law, the caseworker can apply discretion in favour of the applicant who want to apply for Settled status.

The British citizenship law is part of the UK immigration law only. The caseworker can apply discretion in favour of the DCPR or Settled status holder applicants. The HO refusing discretion for the Settled Status holders is illegal and contradictory to the UK law. To acquire Settled status one must have 5 years lawful residence, the mire fact that one has Settled statusS is a proof that 5 year lawful residence has already been acquired. The EU regulation 2004/32/EC has been repealed by the UK parliament (with all the other EU laws).

Put it in other words, if you have Settled Status, the 5 years lawful requirement for applying for the BC is already acquired and you don't need to wait another 5 years to apply for the BC, otherwise it's discriminatory against the Settled status holders.
It just proving you haven’t read the guidance about naturalisation. There’s a section about discretion NOT Settled Status.
Besides I have seen many people being approved for citizenship who would have needed CSI.

It would be kind if you don’t make up your own interpretations and mix up facts.

Please feel free to read the guidance. I’m not interested in people tagging and involving me for speculations.
That’s not helpful.
First you just tagged me too.
Second it s not about me tagging you.
3rd, I have read the guidance.
4th You haven't read the EU 2004/32/EC directive
5th I know it s not about Settled status.
6th I know that some people been approved without CSI
7th it s not my own interpretation. I have been studying the immigration since 2015
8th if you ve read what I have written, I have said that the HO caseworkers not only can exercise discretion with BC applicants using Settled status but the must approve it also, it s the law.

beaujam90
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Posts: 98
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Re: General discussion on CSI and Settled Status. Big issues for people on the EEA-Applications Routes

Post by beaujam90 » Tue May 26, 2020 3:04 pm

It's the directive 2004/38/EC. Sorry

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