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Have you actually heard of people with settled status being refused naturalisation because of the lack of CSI? I don't say it couldn't happen, merely that I haven't heard of it happening.dogcat wrote: ↑Fri Feb 14, 2020 11:15 pmMaybe I'm overthinking it and am mistaken but from what I've read that you would still need to have had a CSI (comprehensive sickness insurance) for the periods when you weren't employed/ self employed during qualifying period in order to be considered lawfully residing in the UK/in breach of immigration law.
It was definitely required under PR scheme but was scrapped when government introduced settled status scheme which made things considerably easier.
The requirement is that during the preceding 3 years dogcat not have been 'in breach of the immigration laws'. I believe she was not in breach of the immigration laws because she had already achieved PR. If she had not achieved PR, how would she not have been 'in breach of the immigration laws'? The relevant provision is BNA 1981 Section 50A(4)(e):alterhase58 wrote: ↑Sat Feb 15, 2020 11:51 amIt's not unlawful residence if you didn't have CSI - this would/might only be an issue if you were to apply for a document certifying PR under EU regulations. You are relying on UK immigration rules (Settled Status) which has no requirement for CSI.
If not by virtue of already holding PR, what provision do you suggest covers her?A person is in the United Kingdom in breach of the immigration laws if (and only if) the person— ... (e) is not entitled to reside in the United Kingdom by virtue of any provision made under section 2(2) of the European Communities Act 1972 (whether or not the person was previously entitled);
But you only joined that route when you were granted settled status. Until then, your status for nationality law depended on the EEA Regulations.
If you were working for the first 9 years, you probably did achieve PR (after year 5) even if you did not apply for a document certifying PR, which you would also would have probably been able to get even if you did not have CSI the last three years.dogcat wrote: ↑Sat Feb 15, 2020 1:44 pmI have never achieved PR under the 'old' scheme, but was granted settled status which dos not require CSI.
So since I took a settled status route (which does not require CSI) and will be relying on it when applying for naturalisation is it the case that HO will be disregarding it too ?
As you seem to have lived together only in the UK, no, I'm afraid you can't use Surinder Singh, (There's nothing in Surinder Singh that restricts it to non-EEA family members.)