Joining a parnter after Brexit

wonderer98 · Post by **wonderer98** » Mon Nov 12, 2018 3:01 pm

Hello everyone.

I do have a hypothetical question.

I currently live with a partner of 12 years in the UK (unmarried). I have been in the UK for 10 years and she has been in the UK for 6 years.
I plan to obtain “settled status” this month. After that, I consider going back to Poland for several years due to a family issue but would like to come back to the UK and become a citizen.

How do I join my partner if she stays here? How can I obtain citizenship after that?

I cannot apply for citizenship now for the following reason:
I worked in the UK July 2012 - December 2012 then changed job with a month’s break and have been in my current position since February 2013.
At the moment I would have to wait until February 2019 to “technically” fulfil Comprehensive Sickness Insurance requirement, as I do not have proof that I had CSI covering January 2013. That means that if I wanted to get citizenship the best course of action would be for me to apply for permanent residence in February 2013, proving 6 year qualifying period. Later wait about 4 months for approval, apply for citizenship and await about 5 months for the passport. Am I right?

Since I might not be able to wait about 12 months, as I the situation might force me to go to Poland for a few years I would like to think of a path to join my partner in the UK permanently. Here is what I could gather.
1. Before 5 years – subject to Parliamentary approval when I get “settled status” I can just get back to the UK.
https://www.gov.uk/settled-status-eu-ci ... atus-means
2. After 5 years – my “settled status” would lapse so I would have to follow a standard procedure
a. EEA family permit – free of charge – valid 6 months – would need proof of 2-year durable relationship
b. Family visa – about £1000 – valid 2.5 years
c. British citizenship – obtainable after 3 years if my partner becomes British Citizen[/list][/list]

Is this the best path for me to join my partner and become a British Citizen?

All the best

Matt

alterhase58 · Post by **alterhase58** » Mon Nov 12, 2018 3:47 pm

wonderer98 wrote: ↑
Mon Nov 12, 2018 3:01 pm
Hello everyone.

I do have a hypothetical question.

I currently live with a partner of 12 years in the UK (unmarried). I have been in the UK for 10 years and she has been in the UK for 6 years.
I plan to obtain “settled status” this month. After that, I consider going back to Poland for several years due to a family issue but would like to come back to the UK and become a citizen.
New (Pre-)Settled Status is not available yet - you can apply for PR

How do I join my partner if she stays here? How can I obtain citizenship after that? What nationality is your partner?

I cannot apply for citizenship now for the following reason:
I worked in the UK July 2012 - December 2012 then changed job with a month’s break and have been in my current position since February 2013.
At the moment I would have to wait until February 2019 to “technically” fulfil Comprehensive Sickness Insurance requirement, as I do not have proof that I had CSI covering January 2013. That means that if I wanted to get citizenship the best course of action would be for me to apply for permanent residence in February 2013, proving 6 year qualifying period. Later wait about 4 months for approval, apply for citizenship and await about 5 months for the passport. Am I right? You were unemployed for that month and job-seeker - therefore CSI is not required. Only for students or self-sufficient.

Since I might not be able to wait about 12 months, as I the situation might force me to go to Poland for a few years I would like to think of a path to join my partner in the UK permanently. Here is what I could gather.
1. Before 5 years – subject to Parliamentary approval when I get “settled status” I can just get back to the UK.
https://www.gov.uk/settled-status-eu-ci ... atus-means
2. After 5 years – my “settled status” would lapse so I would have to follow a standard procedure
a. EEA family permit – free of charge – valid 6 months – would need proof of 2-year durable relationship
b. Family visa – about £1000 – valid 2.5 years
c. British citizenship – obtainable after 3 years if my partner becomes British Citizen[/list][/list]

I would recommend you apply for PR and naturalisation now rather than waiting after the UK has left the EU and also considering whatever transition we have it will finish by 2021. Perhaps consider re-arrangeing your family arrangements?

Is this the best path for me to join my partner and become a British Citizen?

All the best

Matt

wonderer98 · Post by **wonderer98** » Tue Nov 13, 2018 2:18 pm

That is a solid advice and very intriguing.

Would I have to prove I am a job-seeker?
I basically got hired within a month to a first job I applied for - I was recommended by a professional friend of mine.

wonderer98 · Post by **wonderer98** » Tue Nov 13, 2018 2:33 pm

My partner is also Polish

Backer · Post by **Backer** » Tue Nov 13, 2018 2:57 pm

Are you aware that if you are settled in the uk but leave for a period of over 2 years you risk loosing your setteled status?

wonderer98 · Post by **wonderer98** » Tue Nov 13, 2018 3:05 pm

Backer wrote: ↑
Tue Nov 13, 2018 2:57 pm
Are you aware that if you are settled in the uk but leave for a period of over 2 years you risk loosing your setteled status?

Yes. From what I have read it you have permament residence you will loose if you stay outside the UK for 2 years.
But, if you settled status you can stay up to 5 years outside the UK without loosing it - “How long you can live outside the UK is still subject to approval by Parliament.”
https://www.gov.uk/settled-status-eu-ci ... atus-means

wonderer98 · Post by **wonderer98** » Tue Nov 13, 2018 7:01 pm

alterhase58 wrote: ↑
Mon Nov 12, 2018 3:47 pm

wonderer98 wrote: ↑
Mon Nov 12, 2018 3:01 pm
You were unemployed for that month and job-seeker - therefore CSI is not required. Only for students or self-sufficient.

alterhase58 - do you base your advice on the "Jobseekers" section in this document?
https://assets.publishing.service.gov.u ... s-v5.0.pdf

alterhase58 · Post by **alterhase58** » Tue Nov 13, 2018 10:31 pm

wonderer98 wrote: ↑
Tue Nov 13, 2018 7:01 pm

alterhase58 wrote: ↑
Mon Nov 12, 2018 3:47 pm

wonderer98 wrote: ↑
Mon Nov 12, 2018 3:01 pm
You were unemployed for that month and job-seeker - therefore CSI is not required. Only for students or self-sufficient.

alterhase58 - do you base your advice on the "Jobseekers" section in this document?
https://assets.publishing.service.gov.u ... s-v5.0.pdf

It confirms the qualified status - or do you have a different take on this?

wonderer98 · Post by **wonderer98** » Mon Nov 26, 2018 2:37 pm

I have a question about the interpretation of this guide.
https://assets.publishing.service.gov.u ... s-v5.0.pdf
"If an EEA national has previously had a right of residence in the UK as a jobseeker,
that previous period of residence should be deducted from the relevant period,
unless it was prior to a continuous absence from the UK for more than 12 months. "

Here is my timeline:
1. Student
2. 2 weeks unemployed
3. Employed for 2 months
4. 2 months unemployed
5. Employed for 2 months
6. 5 months unemployed
7. Employed for 6 months
8. 89 days unemployed
9. Employed for 5 years and 10 months.

During my 89 days of unemployed, I can produce email proving I was looking for work (because I was hired in that position)

Does the document in the link state that my period of 91 days finished after second employment?
Or can I write down that during the first 3 unemployed periods I was self-sufficient?

secret.simon · Post by **secret.simon** » Mon Nov 26, 2018 2:43 pm

As all the questions are about EU law, pre and post Brexit, moved to the EEA Applications forum.

NikiGio · Post by **NikiGio** » Tue Nov 27, 2018 9:24 am

wonderer98 wrote: ↑
Mon Nov 12, 2018 3:01 pm
I cannot apply for citizenship now for the following reason:
I worked in the UK July 2012 - December 2012 then changed job with a month’s break and have been in my current position since February 2013.
At the moment I would have to wait until February 2019 to “technically” fulfil Comprehensive Sickness Insurance requirement, as I do not have proof that I had CSI covering January 2013.

Like others have said - you *can* apply for PR, with your 5-year QP being July 2012-July 2017. You can have breaks in employment of up to six months without needing to show any evidence of what you were doing and without needing to have CSI for those 6 months. I had a break of three months between jobs - I just sent 6 P60s for the five years and didn't even mention the gap of three months. I got PR with no problem.
Do you have your 6 P60s for 2012-2013, 2013-2014, 2014-2015-2017-2017.
Once you get PR with QP July 2012-July 2017, you can apply for citizenship straight away as more than one year has passed since July 2017.

NikiGio · Post by **NikiGio** » Tue Nov 27, 2018 9:33 am

NikiGio wrote: ↑
Tue Nov 27, 2018 9:24 am

wonderer98 wrote: ↑
Mon Nov 12, 2018 3:01 pm
Do you have your 6 P60s for 2012-2013, 2013-2014, 2014-2015-2017-2017.
Sorry - rephrasing the above:
Do you have your 5 P60s for 2012-2013, 2013-2014, 2014-2015, 2015-2016, 2016-2017? For the months of April to July 2017, I would send pay-slips.
I would also add a covering letter stating very clearly that the QP you are applying for is July 2012-July 2017.

wonderer98 · Post by **wonderer98** » Tue Nov 27, 2018 10:36 am

That is truly great advice. I do have either P60s and payslips for all those periods.

How do you know there can be up to 6 months break in-between employment without a need for CSI?

NikiGio · Post by **NikiGio** » Tue Nov 27, 2018 10:56 am

wonderer98 wrote: ↑
Tue Nov 27, 2018 10:36 am
That is truly great advice. I do have either P60s and payslips for all those periods.

How do you know there can be up to 6 months break in-between employment without a need for CSI?

I know from a combination of reading the following HO document:
https://www.google.co.uk/url?sa=t&sourc ... YF_SU3if5j
And from advice given by the pro-bono lawyers from the UKCEN forum.
You don't even need to state the gap - just put start and end dates of your various jobs, as required in the application form.

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