Hello,
I have recently been issued with a PR card as a non-EEA spouse of an EEA citizen and am considering applying for British citizenship. However, I have some concerns about a potential breach of immigration rules that occurred before the five-year qualifying period used for the purpose of the PR application. Here is the full timeline:
2nd July 2010 entered UK together with my EEA spouse on a EEA family permit
1st September 2010 I entered employment. My EEA spouse was also planning to start employment in the UK, but changed her mind upon arriving to the UK to care for our two-year old child.
I worked September-November without CSI. My employer was happy to accept the EEA family permit as proof of right to work.
Applied for a RC on the 15th of November as self-sufficient without CSI. Upon reading this forum, bought CSI on the 28th of November 2010 and forwarded it to the Border Agency.
In February 2011 Border Agency initially refused the application based on the lack of CSI. I applied for reconsideration citing the reference number of the registered delivery containing the CSI documentation. The RC was subsequently issued on May the 4th 2011.
Fast forward 5 years during which my spouse exercised Treaty rights as a student, employed, self-employed, then employed again, we applied for PR (and confirmation of status) in October 2016 via a solicitor and the PR was issued earlier on this month on the 4th of April 2017. It was the same solicitor who had advised us to postpone the PR application from Autumn 2015 to Autumn 2016, as the applications in which the EEA sponsor's self-sufficiency is based on the income from the non-EEA spouse's income without independent right to work in the UK are likely be rejected, even with the CSI. As a result, we submitted the documentation for the last five years only, from the date my sponsor became a student on the 19th of September 2011. On the letter sent along with my PR, it was stated that I am deemed to have acquired the PR status as of the 19 September 2016.
I am now considering applying for UK citizenship, but am wondering whether the two month period spent without the CSI in October and November 2010 after the initial 3 month period would constitute a breach of immigration regulations. Is the Home Office likely to look into this initial period closely and refuse the application based on this? Would it be wiser to wait until 29th of November 2020, or even until 19th September 2021 to make the application?
With many thanks for your help and advice,
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