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Non-EU with Settled Status - Citizenship due in June 20

Posted: Tue May 19, 2020 2:55 pm
by Cost Manager
Hi There,

About me:
    Came to UK in January 2015 as family member to EU citizen
      EU citizen was a student without CSI until June 2015 and I was working
        I have fully worked without break between 2015-2020
          Got Settled status at June 19 and divorce finalized at July 19

          Question
          I always thought that once you get Settled Status, you are no longer tied to your EEA sponsor and his/her immigration history is irrelevant.
          Now I am due to apply for British Citizenship in a month.
          Will I be be asked for CSI because of my ex EU partner even though I was working all the 5 years without breaks ? (he/she was student for 6 months in 5 years)
          Is Settled Status holder is responsible for him/herself or still tied up to their EU partner?

          Thanks for the answers in advance

          Re: Non-EU with Settled Status - Citizenship due in June 20

          Posted: Fri May 22, 2020 1:23 pm
          by Magus1984
          I understand that ILR / Settled Status means that you have a secure status under UK law and there is no time limit on how long you can stay in the UK nor dependent on anyone else. But I would be interested to hear from the gurus in this forum as I am in a similar situation.

          Re: Non-EU with Settled Status - Citizenship due in June 20

          Posted: Fri May 22, 2020 2:20 pm
          by alterhase58
          My understanding is that once you have unlimited leave to remain, under whichever route (ILR, EU PR or UK Settle Status) then you are no longer under immigration restrictions, and it's of course a requirement for naturalisation. Your ILR etc is personal to you and you are no longer a dependent of your sponsor under the rules. Clearly, there are provisions about when you could loose the status, generally due to absence of two years or longer.

          Re: Non-EU with Settled Status - Citizenship due in June 20

          Posted: Fri May 22, 2020 2:25 pm
          by secret.simon
          Simply put, you will need to demonstrate that in the last five years, you met the requirements of the EEA Regulations while residing in the UK. So, you will likely need to demonstrate that your EEA citizen spouse was either working or seeking work or was a student or self-sufficient person with CSI.

          Your work at that time is irrelevant (at least as far as I understand it now), because your right to reside in the UK was based on your EEA citizen spouse exercising treaty rights.So you do need to prove that your EEA citizen spouse was exercising treaty rights.

          Effectively you have to meet the requirements of making a PR (as opposed to a Settled Status) application.

          Re: Non-EU with Settled Status - Citizenship due in June 20

          Posted: Fri May 22, 2020 3:33 pm
          by Cost Manager
          secret.simon wrote:
          Fri May 22, 2020 2:25 pm
          Simply put, you will need to demonstrate that in the last five years, you met the requirements of the EEA Regulations while residing in the UK. So, you will likely need to demonstrate that your EEA citizen spouse was either working or seeking work or was a student or self-sufficient person with CSI.

          Your work at that time is irrelevant (at least as far as I understand it now), because your right to reside in the UK was based on your EEA citizen spouse exercising treaty rights.So you do need to prove that your EEA citizen spouse was exercising treaty rights.

          Effectively you have to meet the requirements of making a PR (as opposed to a Settled Status) application.
          Thanks Simon.
          This is so confusing and doesn't make any sense. British Citizenship is under UK domestic law and you get PR or SS you are treated under UK law. It still doesn't make sense to me.
          I am not married to my partner anymore aswell, It will be hard to gather her information together.

          Citizenship - Supporting Documents Help

          Posted: Mon Jun 22, 2020 11:15 am
          by Cost Manager
          Dear Immigration Gurus,

          I have just applied to BC under settlement scheme this morning.
          could you please clarify the following;
          - The passport issued by ...... - Do I need to scan all the pages of my passport?
          - Evidence that you have been in the UK lawfully for your 3 or 5 year qualifying residence period - Is this payslips or my residence card?
          - Proof of living in the UK for Mr..... for 5 years if applying in your own right - What's I should provide?
          - The degree certificate for Mr ......to prove the level of English language required - I have master degree thought in English, I got UK NARIC certificate that it is equivalent to UK degree and English. Do I still provide my diploma?
          - NARIC letter that confirms the qualification meets or exceeds the recognised standard - Same as above
          - Current Biometric Residence Permit for Mr xxxxx - In Settlement Scheme they did not send a new card therefore I am using my old car which is still a visa not ILR. But I have ILR as a letter? Shall I send the both?

          Thanks in advance

          Re: Citizenship - Supporting Documents Help

          Posted: Mon Jun 22, 2020 5:39 pm
          by grosvenorave
          Cost Manager wrote:
          Mon Jun 22, 2020 11:15 am
          Dear Immigration Gurus,

          I have just applied to BC under settlement scheme this morning.
          could you please clarify the following;
          - The passport issued by ...... - Do I need to scan all the pages of my passport?
          - Evidence that you have been in the UK lawfully for your 3 or 5 year qualifying residence period - Is this payslips or my residence card?
          - Proof of living in the UK for Mr..... for 5 years if applying in your own right - What's I should provide?
          - The degree certificate for Mr ......to prove the level of English language required - I have master degree thought in English, I got UK NARIC certificate that it is equivalent to UK degree and English. Do I still provide my diploma?
          - NARIC letter that confirms the qualification meets or exceeds the recognised standard - Same as above
          - Current Biometric Residence Permit for Mr xxxxx - In Settlement Scheme they did not send a new card therefore I am using my old car which is still a visa not ILR. But I have ILR as a letter? Shall I send the both?

          Thanks in advance
          Please refer to the guidance, all of your questions are answered there. https://www.gov.uk/government/publicati ... r-guidance