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Please help me.Miss A wrote: ↑Wed Jun 09, 2021 4:50 pmI have attempted to apply for naturalisation so many times but the problem of CSI is always holding me back, I made up my mind to apply by the end of the month.
My immigration history: I came to UK as a spouse of EU Citizen in 2010 with 6 month visa, I applied for family permit which was granted in 2011. I applied for permanent residence in 2016 but was refused because my husband was a student and he didn't have CSI, my husband told me to appeal which I did and I was given 2018 for court hearing. Between July 2016 and September 2017 I didn't apply for another permit as I was waiting for the court hearing, I applied for residence card October 2017 and it was granted on 18th of January 2018. We didn't win the appeal in March 2018.
My worry now is that will the period between 2016 and 2017 that I didn't apply for another resident permit affect my naturalisation, I was only worried about CSI before I remember this.
Please help!
Miss A wrote: ↑Wed Jun 09, 2021 4:50 pmI have attempted to apply for naturalisation so many times but the problem of CSI is always holding me back, I made up my mind to apply by the end of the month.
My immigration history: I came to UK as a spouse of EU Citizen in 2010 with 6 month visa, I applied for family permit which was granted in 2011. I applied for permanent residence in 2016 but was refused because my husband was a student and he didn't have CSI, my husband told me to appeal which I did and I was given 2018 for court hearing. Between July 2016 and September 2017 I didn't apply for another permit as I was waiting for the court hearing, I applied for residence card October 2017 and it was granted on 18th of January 2018. We didn't win the appeal in March 2018.
My worry now is that will the period between 2016 and 2017 that I didn't apply for another resident permit affect my naturalisation, I was only worried about CSI before I remember this.
Please help!
Thank you so much for this reply, I really appreciate it. Yes I have settled status since January 2019, the only thing holding me back is those two I stated but I think you've boost my confidence now and I will go ahead with my application. Thank you so much, God bless you!dexmo wrote: ↑Thu Jun 10, 2021 3:26 pmI'm no lawyer so don't take this as a legal advice in any shape or form but from what I understand the question the case worker will be asking here is whether you residence between 2016 and 2018 was legal or not. I assume you had no residence card from when your permanent residence was refused until you got one in January 2018? As a spouse of an EU national from a legal point of view you had an automatic right of residence anyhow. The fact that you didn't have a document confirming this between 2016 and 2018 is just that - not having a document confirming an automatic right of residence in the UK. Your residence itself was still legal.
The fact that you were refused permanent residence is a different matter. As far as the law was concerned, because your husband was a student at the time and you were his spouse in order to be issued with a permanent residence card he would have had to demonstrate that he exercised EU treaty rights for a continuous period of 5 years and as a student that meant having CSI. So the Home Office was right to refuse and the Immigration Tribunal was right to dismiss your appeal. That didn't make your residence illegal and you were issued with a new residence card in January 2018.
Presumably you have your settled status now and have held it for 12 months or more? Two other requirements you have to meet but if so I think you should be fine. I would suggest though you put together a cover letter explaining what happened in 2016 etc and submit it with your supporting documents when you apply for naturalisation.
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?hanihani wrote: ↑Thu Jun 10, 2021 6:09 pmHi 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.
Wow, this just give me another peace of mind, thank a lot remain blessed.hanihani wrote: ↑Thu Jun 10, 2021 6:09 pmHi 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.