I am due to apply for my British Citizenship finally after many years of immigration applications and I have a few questions I would like to have clarity on, if someone can answer them that would be highly appreciated
About two years ago I was stopped by the police for not wearing a seatbelt on the passenger side.
The police took my details saying I will receive a letter by post about the offence with details of the penalty
I never received this and I have checked my driver license online and it is clean.
Does this mean that I don’t have anything against my name and do not need to report it in my application?
Second question: I have for settled status under EUSS scheme and was granted this Settled Status on 26-03-2021
Prior to 26.03.2021 do I need to provide evidence of my EEA family member exercising treaty rights to comply with requirements under the EEA Regulations 2016?
I am just reading the guidance on good character and so came across this piece of information, if anyone can shed some light to it that would be great. I don’t have a straightforward immigration history so I am relying on the 10year lawful residency to apply for Citizenship.
I appreciate this is long and really value your feedback and help in this matter.
Many thanks in advance
EEA nationals and their family members
Where you are not disregarding immigration breaches relating to lawful residence,
you must assess whether a person has complied with immigration requirements over
the previous 10 years, taking into account whether they were subject to the EEA
Regulations 2016, or the Immigration Act 1971, and whether they complied with the
relevant requirements.
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People who were, prior to the ending of free movement, entitled to reside in the UK
under the EEA Regulations 2016 (as saved), did not require leave to enter or remain.
However, in order to continue living and working in the UK after 31 December 2020,
they were required to have submitted an application to the EU Settlement Scheme
(EUSS).
The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit)
Regulations 2020 (Grace Period Regulations 2020) set the deadline for applications
to the EUSS as 30 June 2021. They preserved the EEA Regulations 2016 for those
who were lawfully resident immediately prior to the end of the transition period (11pm
on 31 December 2020) and for joining family members arriving during the Grace
Period who had not yet acquired EUSS leave.
Since 1 July 2021, the Grace Period Regulations 2020 continue to apply only to
those who were lawfully resident immediately prior to the end of the transition period
and who applied to the EUSS on or before 30 June 2021, and who are still awaiting
a final determination (including any appeal) on their application.
Where a person failed to comply with conditions imposed under the immigration acts
(for example by overstaying) prior to acquiring EEA rights, or protection under the
Grace Period Regulations, you must still consider the breaches of the other
immigration acts.
Where you are not disregarding immigration breaches relating to lawful residence of
an applicant who was subject to the EEA Regulations 2016 in the 10 years prior to
making their application, you must consider whether they failed to comply with those
requirements, giving consideration to the following factors.
EEA or Swiss nationals or the family members of an EEA or Swiss national
with a permanent residence card
If an EEA or Swiss national or their family member held a permanent residence card
prior to 30 June 2021, you can accept that they complied with immigration
requirements in the UK for the 5-year period before it was issued, and the period
since then. This is provided that they did not lose their permanent residence, for
example by being out of the UK for more than 2 years.
EEA or Swiss nationals and their family members granted indefinite leave to
remain (settled status) under the EUSS
The EUSS has allowed EU, EEA and Swiss citizens and their family members who
wanted to stay in the UK to obtain the UK immigration status they needed in order to
continue living and working in the UK after 31 December 2020.
To qualify for indefinite leave to remain under the EUSS (settled status), an EEA
national or their family member must have been resident in the UK for a continuous
period of 5 years. However, a grant of settled status under the EUSS does not
confirm that the person has complied with immigration requirements during that time,
as this is not a requirement of the EUSS.
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To assess whether the person complied with the requirements of EU law you must
consider the guidance on EEA and Swiss nationals and their family members. This
includes the type of evidence you can take into account. You must assess whether
the applicant was exercising a Treaty right and therefore complying with the
requirements of the EEA Regulations 2016.
Guidance on naturalisation as a British citizen by discretion explains how to consider
lawful residence by EEA nationals in relation to applications for citizenship and how
to exercise discretion over immigration breaches in the relevant qualifying period.
You must consider whether it is appropriate to exercise discretion in the person’s
favour or whether it is appropriate to refuse the application because they do not meet
the good character requirement
