hanihani wrote: ↑Thu Jun 10, 2021 6:09 pm
Hi there I'm also not an advisor but as a family member of an eu citizen who went through same as you, 2010 residence card
2015 permanent residence refused
2016 applied for another residence card
2020 applied for settled stauts
2021 granted citizenship
The most important thing I Will tell you and I'm 100% sure it is right that, you have never broken any residence requirement from 2016 till 2018 or whatever those years were
A family member of an eu citizen doesn't need to reapply for a second residence card as your rights are automatically matching your husbands rights
The residence card was introduced to make things easier when you re enter the UK.or apply for a job so you were fine all those years
However the issue is you need to have held either permanent residence or settled status for at least one years then the homeoffice would ask evedinece that your husband was exercising treaty rights In the 5 years prior to your citizenship application not since 2010
For example if you apply for citizenship this year the homeoffice will.ask your husband to provide from 2016 to 2021 either proof of employment or Csi ... so be aware
However I read and seen many cases where homeoffice applied discretion . And ( gave a blind eye when there is no CSI) there are many cases where it was scussful
So they might ask.they might not it depends on case worker
And it will go back 5 years only
Hope that helps.
Presumably your permanent residence card was refused for similar reasons, i.e. lack of CSI? What was your qualifying period for naturalisation, did it include any period of residence where you had no residence card? If so what did you submit as evidence of legal residence for that period?
This is what it all comes down to in Miss A's case and what the case worker will want to see - evidence of legal residence. Because Miss A had no residence card between 2016 and 2018 which would have confirmed her legal residence during that period, in all likelihood she'll be asked to provide alternative evidence. Again, the question is not whether that period was legal. The question is, given there was no residence card, how Miss A can demonstrate it was legal. I would assume by showing that her husband was exercising treaty rights during that period. If he was working then P60s or letters from employers would need to be submitted. If he was a student then yes, the case worker will want to see a copy of his CSI. If he held no CSI the case worker will need a good explanation as to why CSI was not held and why discretion should be exercised now to grant citizenship. It is true, we've yet to encounter a case where naturalisation was refused purely due to lack of CSI and I think you'll find many cases on this forum of people getting their British nationality despite not having CSI during their qualifying period so it would seem case workers are consistently applying discretion in applicants' favour.
All in all, Miss A's chances of getting approval are quite high I would say. A cover letter explaining the whole thing including lack of CSI between 2016 and 2018 if applicable wouldn't go amiss. Good luck!
