Good character - immigration history EEA national

[muraenidae]

I know that non-EEA nationals often get into trouble with their good character requirement if they have overstayed visas or been in the UK illegally in the past 10 years.

Is there any case where this happened to an EEA national? I.e., an EEA national who was present in the UK but not formally exercising treaty rights? For example a student/self-sufficient person without CSI (comprehensive sickness insurance)?

[muraenidae]

Or conversely: Are there any people here who have had such periods in the past, but had their citizenship granted without problems?

[Twine]

Hello my aquatic friend!

There is this thread regarding WRS where EEA-nationals seem to have had no issues with naturalisation despite not having registered on the scheme.

Also, there is another thread with an EEA-family member who had an unsuccessful naturalisation application due to failing the good character requirement (breach of immigration law seven years prior).

If you are still curious, maybe you should search for other cases on the EEA-route Applications board? Hope these examples helped.

Cheers,
Twine

[muraenidae]

Hi Twine!

Thanks for the links! The reason I didn't post in the EEA route forum was that it seems that forum is about permanent residence applications, not citizenship applications.

I am an EEA national. I have some periods in 2008-2012 where I was a student in the UK. I actually either held CSI or was an unmarried partner of an EU national exercising treaty rights (who is now my husband) during all these periods, but both are hard for me to prove. The CSI would entail chasing up evidence from various German agencies and insurance companies and having them translated. The unmarried partner bit is even tricker because I have no formal evidence of living together.

So I am wondering whether I should bother trying to prove these things, or go ahead with the application because they won't care about my status in 2008-2012 for the good character requirement anyway.

[Twine]

I understand.

As an EEA national you would have been lawfully present in the UK from 2008 to 2012 even if you were not resident here.

Maybe reading through the guidance on the free movement rights of EEA nationals might allay your naturalisation concerns. I think that Scenario 2 on page 27 (Sabine) applies to you.

[Hstepper07]

Did you undertake regular employment during this period?

[muraenidae]

I understand.

As an EEA national you would have been lawfully present in the UK from 2008 to 2012 even if you were not resident here.

Maybe reading through the guidance on the free movement rights of EEA nationals might allay your naturalisation concerns. I think that Scenario 2 on page 27 (Sabine) applies to you.

Thank you for these links! This is very helpful and puts my mind at ease. Reading these forums can get you paranoid sometimes.

I won't attempt to prove exercising treaty rights in 2008-2012 then (even though I think I was exercising treaty rights), because it's so much of a hassle, and just rely on my well documented treaty rights from 2012-2018.

Did you undertake regular employment during this period?

I did not, I was either a student or self-sufficient in this period.

[muraenidae]

Maybe reading through the guidance on the free movement rights of EEA nationals might allay your naturalisation concerns. I think that Scenario 2 on page 27 (Sabine) applies to you.

Wait, no! In Sabine's case it's ok because it happened before 2002; wouldn't Case 1 and Case 3 be more relevant to me?

[demiane]

I'm in the same situation with muraenidae. I'm an EU citizen and got PR document recently. I was a student from Oct 2006 to Dec 2012 without CSI.

Could any of the moderators/experienced members tell us what happens in the case you do not have CSI before you get PR document? Is this considered breach of immigration laws and thus not meeting the good character requirements for citizenship application?

Any successful stories from other EU members?