General discussion on CSI and Settled Status. Big issues for people on the EEA-Applications Routes

[Rusland]

Hi all,

I am afraid I am in the same situation that many of you.

I applied on the 15th of March and did my biometrics right before the lockdown started. In the application I stated that I have been working in the UK for a space of 6 continuous years. I had a gap though of 45 days between jobs.
During these 45 days I was technically unemployed by any employer, however I was not a job-seeker as I had an offer from the company that I am working for at the moment.

Before applying I spoke with two different lawyers experts in naturalisation applications and both of them told me that I should not worry about this as I had already the Settle Status and that was what it really atter. Clearly this is not the case given the changes implemented since May.

The irony of this is that I had a private insurance during a long period of my residence here. Unfortunately I did not have one insurance during the period while I had the employment gap.
My partner is applying now for the naturalisation, and he is being asked for the document that shows that he had a CSI. Unfortunately I was never requested this two months ago.

Do we know anyone having applied with an employment gap who has received an answer on their application?

[Lopand]

Hi all,

I am afraid I am in the same situation that many of you.

I applied on the 15th of March and did my biometrics right before the lockdown started. In the application I stated that I have been working in the UK for a space of 6 continuous years. I had a gap though of 45 days between jobs.
During these 45 days I was technically unemployed by any employer, however I was not a job-seeker as I had an offer from the company that I am working for at the moment.

Before applying I spoke with two different lawyers experts in naturalisation applications and both of them told me that I should not worry about this as I had already the Settle Status and that was what it really atter. Clearly this is not the case given the changes implemented since May.

The irony of this is that I had a private insurance during a long period of my residence here. Unfortunately I did not have one insurance during the period while I had the employment gap.
My partner is applying now for the naturalisation, and he is being asked for the document that shows that he had a CSI. Unfortunately I was never requested this two months ago.

Do we know anyone having applied with an employment gap who has received an answer on their application?

Please do not worry. To my understanding, those 45 days will only be deducted as days out of the country. I highly doubt that it would impose any problem. Regarding your question - there were a few EU applicants who were students without CSI who applied before the change and received an approval recently without being asked for CSI. Don't be anxious about it, I'm sure you'll be fine.

[madalina91]

Hi everyone,

I wanted to let you know that I received my decision today and my application was successful! I applied before the guidance changed and I have not received any emails from the caseworker asking me to provide CSI (in my case this would have been needed for about 6 months out of the 5 years when I was a student without CSI).
I do hope this gives some hope to those still waiting! Good luck!

[Lopand]

Hi everyone,

I wanted to let you know that I received my decision today and my application was successful! I applied before the guidance changed and I have not received any emails from the caseworker asking me to provide CSI (in my case this would have been needed for about 6 months out of the 5 years when I was a student without CSI).
I do hope this gives some hope to those still waiting! Good luck!

That's very encouraging, thank you for sharing!

[ValenS]

If you're referring to page 26 of the new guidance which instructs the caseworker to "assess whether the individual has been here lawfully during their 3 or 5 year residential period prior to pre-settled status or settled status", then yes, I think it's safe to say that this refers to any part of the 3 or 5y qualifying period for naturalisation which may have required CSI and falls before the date that the applicant acquired settled status via EU Settlement Scheme (as they would be exempt from CSI from the date of becoming settled).
However, as mentioned earlier, it's still unclear how CSI might tie into the GCR.

As a 3 years Settled Status doesn’t exist, it’s only a 5 residency, and it’s not mentioned 10 years period anywhere, I think the guide refers to the British citizenship qualifying period that can be 3 or 5 years counting backwards from the date of the application

[beaujam90]

Settled Status is only certifying you are free from emigration restrictions, then you have 5 years of paid CSI for the qualifying period so where is the good character requirement coming in for the CSI exactly?

Unlawful residence is the time spent in the UK when you were not supposed to be here legally under the EU directive (if you are an EEA or Swiss...citizen). The UK gov could have sent those EEA students or self-sufficient people, who didn't have CSI, back to their countries of origin, but preferred to not do it.
Those people who should have had CSI but did not get one, have not been in the Uk lawfully under the EU law and therefore are not deemed ''good character'' under the this law.
You should be a good character during the past 10 years before applying for BC.

Normally the NHS is a CSI as it covers EU citizens because they already pay taxes towards the NHS.

You didn't answer my question though, if you have Settled Status which is by law not requiring CSI but is a legal document to prove you are free from immigration restrictions, and you have 5 years paid CSI during the 5 years qualifying period for British citizenship, what happens there in your opinion

Senario 1:
If you came 6 years ago to studying and acquired Settled Status 1 year ago and had CSI during 5 years prior to acquiring Settled status, you are OK and can apply successfully for BC.

Senarion 2 :
If you came 7 years ago to studying and acquired Settled Status 1 year ago and had CSI ONLY during any 5 years of the 6 years before acquiring Settled status, you are NOT OK and if you apply for BC it might be refused unless the caseworker exercises discretion in your favour. Because the ''good character'' criteria is negatively affected.

Prior to acquiring Settled status, If you studied for 10 years, you should have CSI for the last 9 years if you are not married with a British person.

Senarion 2 : ...unless if the first 5 years of studies you had CSI cover for those years (because you have then acquired permanent residence you). Once you have permanent residence, you don't need CSI for the following years.

[beaujam90]

If you're referring to page 26 of the new guidance which instructs the caseworker to "assess whether the individual has been here lawfully during their 3 or 5 year residential period prior to pre-settled status or settled status", then yes, I think it's safe to say that this refers to any part of the 3 or 5y qualifying period for naturalisation which may have required CSI and falls before the date that the applicant acquired settled status via EU Settlement Scheme (as they would be exempt from CSI from the date of becoming settled).
However, as mentioned earlier, it's still unclear how CSI might tie into the GCR.

As a 3 years Settled Status doesn’t exist, it’s only a 5 residency, and it’s not mentioned 10 years period anywhere, I think the guide refers to the British citizenship qualifying period that can be 3 or 5 years counting backwards from the date of the application

To simplify things, for a successful BC application, you need up to 10 years a clean immigration (good character ) history. If you came 10 years ago and acquired PR after the first 5 years, you are fine (as long as you haven't left the UK for more than 2 consecutive years or had crininal record etc)

Same for if you came 9 years ago, or 8 year ago...

But if you have no conformed to the EU directive for the first year(s) (within 10 years), even if you had acquired PR afterward, you still don't qualify for BC (unless the caseworker applies discretion).

[Rusland]

Hi everyone,

I wanted to let you know that I received my decision today and my application was successful! I applied before the guidance changed and I have not received any emails from the caseworker asking me to provide CSI (in my case this would have been needed for about 6 months out of the 5 years when I was a student without CSI).
I do hope this gives some hope to those still waiting! Good luck!

Thanks Madalina for letting us know. This indeed brings some hope...Hopefully we will hear the feedback soon from others. Hopefully I will be able to share some positive feedback as well

[beaujam90]

In my case it more complicated, I came in June 1989. I have acquired PR under 2004/38/EC from the first 5 years but I don't have the documents to show, then I studied 3 years from 1995 to 1098 (I had my country CSI cover, even when I didn't need it as I already had PR ) but don't have document to show.
Since 2002 I had fallen ill and not exercising treaty rights. Eventhough I have PR in theory but I cannot prove it as I didn't keep evidence from 30 years ago.
I have applied for BC on 23rd January 2020, over 4 months ago. As for most of us , I thought that the Settled status settled my issue but I was wrong. When I applied the online form didn't mention anything about CSi or anything about exercising treaty right, I know that now the BC online form has changed to ask for those things.
My application is still pending, I have not received any Email or phone calls or letters from the HO since.

[ValenS]

In my case it more complicated, I came in June 1989. I have acquired PR under 2004/38/EC from the first 5 years but I don't have the documents to show, then I studied 3 years from 1995 to 1098 (I had my country CSI cover, even when I didn't need it as I already had PR ) but don't have document to show.
Since 2002 I had fallen ill and not exercising treaty rights. Eventhough I have PR in theory but I cannot prove it as I didn't keep evidence from 30 years ago.
I have applied for BC on 23rd January 2020, over 4 months ago. As for most of us , I thought that the Settled status settled my issue but I was wrong. When I applied the online form didn't mention anything about CSi or anything about exercising treaty right, I know that now the BC online form has changed to ask for those things.
My application is still pending, I have not received any Email or phone calls or letters from the HO since.

Good luck with your application

[ValenS]

But if you have no conformed to the EU directive for the first year(s) (within 10 years), even if you had acquired PR afterward, you still don't qualify for BC (unless the caseworker applies discretion).

I think you qualify when you qualify there isn’t a timescale if you haven’t any criminal record and you meet the 3/5 years qualifying period of BC, etc

[beaujam90]

In my case it more complicated, I came in June 1989. I have acquired PR under 2004/38/EC from the first 5 years but I don't have the documents to show, then I studied 3 years from 1995 to 1098 (I had my country CSI cover, even when I didn't need it as I already had PR ) but don't have document to show.
Since 2002 I had fallen ill and not exercising treaty rights. Eventhough I have PR in theory but I cannot prove it as I didn't keep evidence from 30 years ago.
I have applied for BC on 23rd January 2020, over 4 months ago. As for most of us , I thought that the Settled status settled my issue but I was wrong. When I applied the online form didn't mention anything about CSi or anything about exercising treaty right, I know that now the BC online form has changed to ask for those things.
My application is still pending, I have not received any Email or phone calls or letters from the HO since.

Good luck with your application

And good luck to you all too . Thanks

[beaujam90]

But if you have no conformed to the EU directive for the first year(s) (within 10 years), even if you had acquired PR afterward, you still don't qualify for BC (unless the caseworker applies discretion).

I think you qualify when you qualify there isn’t a timescale if you haven’t any criminal record and you meet the 3/5 years qualifying period of BC, etc

Guys! Forget about 3 years qualifying years period (supposed to be if you re married to a British person, for someone who is not an EEA), if you re an EEA and you re married to a brit or not, it s only 5 year for permanent residency or settled status. the ''3 years qualifying years'' doesn't exist for us. The only laws there are for us are the 2004/38/Ec and the EU settlement scheme. But an EEA citizen to get the British citizenship he or she has to qualify first for the PR under the EU directive 2004/38/EC. That s the only way.
If you re married to a British person , you can apply as soon as you get PR document or Settled status, if you re not married you have to wait for 12 months more if your not married to a brit.

[beaujam90]

SENARIO: Someone who is an EEA and got the Settled status in 01/04/2019 but didn't acquire permanent residence in any time, and he/she 's married to a brit can only apply for the BC on 01/04/2022.
For someone who is in the same Senario and who is not married to a brit, he /she will have to wait until 01/04/2024.

[beaujam90]

... because the EU settlement scheme is under the UK immigration law.

[zcranso]

SENARIO: Someone who is an EEA and got the Settled status in 01/04/2019 but didn't acquire permanent residence in any time, and he/she 's married to a brit can only apply for the BC on 01/04/2022.
For someone who is in the same Senario and who is not married to a brit, he /she will have to wait until 01/04/2024.

Maybe I've missed something in the discussion and you are talking about potential changes in the future but this is CATEGORICALLY WRONG as things stand.

Excuse the tone but this may cause undue stress to people who are not clear about the rules and I have already seen people stressing out because of the new CSI guidelines.

As mentioned by others, you can apply for BC 12 months after getting Settled Status. In your scenario, a person who got it on 01/04/2019 would have been able to apply from 01/04/2020.

[tkrsz]

I'm not sure if this CSI can be expected from someone who worked a few years in the UK before started a course at a British University. For example, in my case, I came to the UK in July 2011 and worked full time until September 2014. In 2019, after completing a BA and MA course in Southampton, I started my own business. I got my student funding as a Home student and it would be strange to expect a CSI from someone who paid tens of thousands of pounds tax and N.I. before studying at a higher level. I'm still worried as no communication from the Home Office since my biometrics appointment (15.02.2020 EEA Settled Status + 1 year).

Are EU university students with prior work history still need a Comprehensive Sickness Insurance?

[beaujam90]

SENARIO: Someone who is an EEA and got the Settled status in 01/04/2019 but didn't acquire permanent residence in any time, and he/she 's married to a brit can only apply for the BC on 01/04/2022.
For someone who is in the same Senario and who is not married to a brit, he /she will have to wait until 01/04/2024.

Maybe I've missed something in the discussion and you are talking about potential changes in the future but this is CATEGORICALLY WRONG as things stand.

Excuse the tone but this may cause undue stress to people who are not clear about the rules and I have already seen people stressing out because of the new CSI guidelines.

As mentioned by others, you can apply for BC 12 months after getting Settled Status. In your scenario, a person who got it on 01/04/2019 would have been able to apply from 01/04/2020.

Where am I wrong ? I just want to say that's the right to reside for an EEA citizen in a host EEA country is what makes it a lawful residence. That is all. The right to reside is derived from the EU directive and the EUSS law which only opened to all the EEA from last 31st Of March 2019. Before that day you can only be lawfully here under the EU law.

If you convince me I would be soooo happy asI am stuck in the same situation as many of us. I was wrong to think that the EUSS scheme solved it all. Maybe for now is to let future applicant to wait until this is clearer. The Uk Gov game mixed messages which confused us to think the settled status scheme was what we needed and that it would be ok to apply for BC by using it. I hope some lawyers and law makers can reflect on the damage this has/will cause.

If I/we knew this would turn out this way I/we would have though about it twice before I/we applied for BC.

[beaujam90]

I'm not sure if this CSI can be expected from someone who worked a few years in the UK before started a course at a British University. For example, in my case, I came to the UK in July 2011 and worked full time until September 2014. In 2019, after completing a BA and MA course in Southampton, I started my own business. I got my student funding as a Home student and it would be strange to expect a CSI from someone who paid tens of thousands of pounds tax and N.I. before studying at a higher level. I'm still worried as no communication from the Home Office since my biometrics appointment (15.02.2020 EEA Settled Status + 1 year).

Are EU university students with prior work history still need a Comprehensive Sickness Insurance?

You had the right to reside from July 2011 until September 2014. That 's 3 years 2-3 months. If you've studied from September 2014 till 2019 without CSI cover, (that's 5 years), it was not lawful. Since you graduated in 2019 to now it s 1 year that you have right to reside as you are self-employed. If you have applied for BC the caseworker must apply discretion, if not you would have to wait for another 4 years until you can apply.
NB: Because you didn't have CSI during your studies, therefore you were unlawfully in the UK (without the 10 years ''good character'' criteria, there is a risk that if you apply in 4 years would be refused, but will be safer to apply in 9 years.

[beaujam90]

I have the feeling that the HO caseworkers will exercise discretion for all the applicants who genuinely have issues regarding CSI and other issues.

[Frou01]

I’ve seen someone being approved last week with a very recent application (beginning March), would have needed CSI for not exercising treaty rights in the last 4 years.
Didn’t ask for additional documents. Just granted.
Which is great.

[Lnlan10]

My application has also been approved. No further documents proving CSI have been requested by the HO.

[Learning18]

My application has also been approved. No further documents proving CSI have been requested by the HO.

Congratulations!!!! Happy for you, it gives the rest of us some hope Haha.

Do you mind me asking the date you submitted your biometrics? And if you were a student for those 5 years or working?

[Rusland]

My application has also been approved. No further documents proving CSI have been requested by the HO.

This is great news! Congratulations!
Out of curiosity, when was your your application sent?

[beaujam90]

My application has also been approved. No further documents proving CSI have been requested by the HO.

That's a good news. Congratulations !