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CSI rules.

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

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Satu4
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Joined: Sat Oct 17, 2020 6:11 pm
Finland

CSI rules.

Post by Satu4 » Sat Oct 17, 2020 6:46 pm

Hi everyone.

I have got a question regarding my partners citizenship application, and would be very grateful for an advice.
Me and my partner are both an EU citizens, we are not married nor in the civil partnership, but in the durable partnership with one child.
I came to UK in march 2013 and always been full time employed since day 4 of my arrival. So its all straight forward for me I guess.

But my partner arrived in september 2013 with our daughter. As our daughter was only 3, and was attending nursery only for 3 hours a day, my partner couldn’t work, as was looking after her.
As soon as our daughter went to reception for 6 hours a day, (september 2014) my partner become full time employed (night job) untill march 2016, when she resigned.
In april 2016 she became part time employed (9 hours a week), in december 2016 her working hours were increased to 19 hours per week. In december 2017 she get additional part time job for 7 hours per week.That way she is employed till today.
She received her settled status in january 2019.
So in dates

Sep 2013 arrived 
Sep 2013-Sep 2014 dependant on me
Sep2014-March2016 full time employed 
April2016-till today part time employed.

My question is, if she apply for a british citizenships, will she be accepted regarding new CSI rules.
I my opinion, she never needed CSI, as for her unemployed period, she was dependant on me, an EU worker, as family member of an EU qualified person. Then since September 2014 she was a worker herself.
Sorry for a lot of letters. And thanks for any help.

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alterhase58
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Joined: Thu Aug 25, 2016 11:02 pm
Location: UK Bucks
Germany

Re: CSI rules.

Post by alterhase58 » Sun Oct 18, 2020 9:33 am

There is a dedicated thread regarding CSI started in May 2020:
british-citizenship/csi-and-settle-stat ... l#p1949326

It should be noted that CSI is not a new requirement, it's been in place in relation to PR applicants for many years (though it has come as a surprise to many EU citizen as it wasn't much publicised). What is new is the renewed focus on caseworkers assessing whether Settled Status holders were complying with immigration requirements during the years prior to acquiring Settled Status, such as CSI.

We have yet to see reports of applications being refused due to CSI missing. Though applicants with CSI issues have been approved in the meantime. Clearly your wife was not working for a period so that time should be listed as unemployed. When the list of documents is generated it may ask for evidence of CSI. Clearly partner didn't have it so needs to be explained. If she had EHIC or some kind of other health insurance you could add that together with your explanation.
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.

Satu4
Newly Registered
Posts: 10
Joined: Sat Oct 17, 2020 6:11 pm
Finland

Re: CSI rules.

Post by Satu4 » Sun Oct 18, 2020 10:09 am

Thank you for your reply. I have gone through that thread, but didn't find any similar cases.
Unfortunately, my partner didn't have any EHIC or other insurance at the time of unemployment.
But as I understand, family members of an EU citizen who is qualified person by EEA regulations, do not require to hold CSI.
So, as my partner is my family member , she didn't need CSI, as long as she can provide proof of our relationship and proof of me being qualified person at the time.That is my understanding .
Please , let me know if I am on the right way?

Satu4
Newly Registered
Posts: 10
Joined: Sat Oct 17, 2020 6:11 pm
Finland

Re: CSI rules.

Post by Satu4 » Sun Oct 18, 2020 12:43 pm

I have made a research on various recourses and here what i have found:

https://www.freemovement.org.uk/it-just ... tizenship/
“Family members (within the meaning of the EEA Regulations) of workers were not required to hold CSI or an EHIC either.”

https://www.legislation.gov.uk/uksi/2016/1052/made
“Extended family member”
(5) The condition in this paragraph is that the person is the partner (other than a civil partner) of, and in a durable relationship with, an EEA national, and is able to prove this to the decision maker. 

https://assets.publishing.service.gov.u ... pdf#page57
Durable partner
The applicant is (or for the relevant period was) in a durable relationship with the relevant EEA citizen (or qualifying British citizen), with the couple having lived together in a relationship akin to marriage or civil partnership for 2 years or more, unless there is other significant evidence of the durable relationship, for example, evidence of joint responsibility for a child (a birth certificate or a custody agreement showing they are cohabiting and sharing parental responsibility).
The durable partnership must not be (or have been) one of convenience; and neither durable partner has (or for the relevant period had) another durable partner, a spouse or a civil partner with immigration status in the UK or the Islands based on that person’s relationship with that durable partner.
Where the applicant does not already hold a permanent residence document, the applicant must provide evidence of the family relationship for the relevant period, namely:
• a relevant document (as described in sub-paragraph (a)(i) or (a)(ii) of that definition in Annex 1 to Appendix EU) as the durable partner of the relevant EEA citizen (or qualifying British citizen), and evidence which satisfies you that the durable partnership continues to subsist (or did so for the period of residence relied upon). This evidence might, for example, take the form of:
o evidence of cohabitation (bank statements or utility bills in joint names at the
same address, residential tenancy or rental agreements or mortgage
statements, official correspondence which links them at the same address) o evidence of joint finances, business ventures or commitments (tax returns of
business contracts, investments)

https://assets.publishing.service.gov.u ... AKFH6HNw_I
Applicants who must have
comprehensive sickness insurance
This page tells you how to consider which European Economic Area (EEA) nationals and their family members must have comprehensive sickness insurance (CSI) to be eligible for a document confirming their right of residence in the UK.
Regulation 4(1)(c)(ii) and (d)(ii) of the Immigration (European Economic Area) Regulations 2016 (as amended) states that nationals living in the UK as self- sufficient people or students must have CSI.
Regulation 4(2) of the regulations states that CSI must also cover the family members of self-sufficient persons. From 6 April 2015 (implemented in practice from 22 June 2015), this also applies to the family members of students.
Following the changes to the Regulations, regulation 4(4) has been amended to include dependent children of primary carers as well as primary carers for the purposes of regulation 16(2). This means that there is a requirement for all family members, who are dependent on that child for a right of residence, to hold CSI.

In our case, we both are EU nationals. We are in a durable partnership, which can be proved by providing council tax letters, mortgage statements, joint bank account statements, birth certificate of our daughter. I am full time employed since arrival to UK. So my partner wouldn’t require CSI for being a family member of the person, who is exercising treaty rights as a worker. That is my understanding.

Can someone, who is in similar situation, or has more knowledge about all this issues, point me in the right direction?

Satu4
Newly Registered
Posts: 10
Joined: Sat Oct 17, 2020 6:11 pm
Finland

Re: CSI rules.

Post by Satu4 » Sun Oct 18, 2020 7:13 pm

Please, if anyone has has any thoughts on this?

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