Citizenship application with settled status for Non-Eu Family member

[vahidfar]

Hi all,
I'd really appreciate your inputs on this:

I'm applying for British citizenship with my settled status that I've been granted last April.
I'm a Non-EU family member of an EU national, I never applied for permanent residence card and I went straight for settled status which was granted to me very smoothly and quickly last April.

After the recent update on the guidelines for naturalization for people with settled status which says they have to be here lawfully which means they'd need evidence of being a qualified person or a family member of a qualified person, I've heard people saying that in their online form they were asked whether they needed CSI or not and if not they had to answer why. However I have now come to the end of my online application and I was never asked such a question and also in the list of documents that I need to provide at the end of the application there is no mention to CSI or checking if my European wife has been qualified person in the past 5 years.

Am I missing something? or I do not need to prove that my wife has been qualified and prove she did not need CSI?

Thanks for taking the time and reading my question

[Zerubbabel]

Hello

You don't need the EEA PR. The "Settled" status under the EU Settlement Scheme is enough if held for 1 year+.

The CSI is only if the EEA citizen was student or self-sufficient during the last 5 years.

[vahidfar]

Hello

You don't need the EEA PR. The "Settled" status under the EU Settlement Scheme is enough if held for 1 year+.

The CSI is only if the EEA citizen was student or self-sufficient during the last 5 years.

Thanks for you reply, I'm referring to the case worker guide here:
https://assets.publishing.service.gov.u ... gov-uk.pdf

it says:

You must assess whether the individual has been here lawfully during their 3 or 5
year residential period prior to pre-settled status or settled status, by considering on
the balance of probabilities whether they were here:
• as a qualified person (such as a worker, student, self-employed, selfsufficient, retired or incapacitated person)
• as the family member of such a person.
Evidence of this can include API data or documents previously submitted to satisfy
their lawful residence. Where appropriate, you must also be satisfied that the person
was lawfully in the UK, with comprehensive sickness insurance (CSI).

that means to me that I need to prove again that i was married to an EU national and they were a qualified person during the 4 years prior to the date when my settled status was granted last years, as once you get your settled status you are here lawfully

[Zerubbabel]

Citizenship applications are not immigration applications. They go to a specific team and they are treated under the British Nationality Act of 1981:

http://www.legislation.gov.uk/ukpga/198 ... 061_en.pdf

Your immigration status and documents are not taken for face value. They review your entire immigration history to see if everything was within the rules.

You may satisfy an immigration team and get a PR or a Settled status but still fall short when it comes to the assessment of the citizenship team. So potentially, they may say that your stay from X to Z was unlawful. This may trigger a refusal on good character basis (vague definition) despite you holding a fully valid immigration status.

[NikiGio]

Hi all,
I'd really appreciate your inputs on this:

I'm applying for British citizenship with my settled status that I've been granted last April.
I'm a Non-EU family member of an EU national, I never applied for permanent residence card and I went straight for settled status which was granted to me very smoothly and quickly last April.

After the recent update on the guidelines for naturalization for people with settled status which says they have to be here lawfully which means they'd need evidence of being a qualified person or a family member of a qualified person, I've heard people saying that in their online form they were asked whether they needed CSI or not and if not they had to answer why. However I have now come to the end of my online application and I was never asked such a question and also in the list of documents that I need to provide at the end of the application there is no mention to CSI or checking if my European wife has been qualified person in the past 5 years.

Am I missing something? or I do not need to prove that my wife has been qualified and prove she did not need CSI?

Thanks for taking the time and reading my question

Hi, I have a similar case with my EU mother, who's my dependant and has Settled Status - I'm her sponsor.

My Mum is self-sufficient but with no CSI, so we will apply for her British citizenship through me - I have PR, so I'm a qualified person.

So this is the part of the evidence we'll be sending in for my Mum's application, with me as her sponsor:

- Evidence of residence for Mum
- Evidence of our relationship - my birth certificate + translation into English
- Evidence of my being a qualified person - my PR card + letter
- Evidence of my continuing to live here after I was given PR in 2015 - proof of residence for me since 2015
- Evidence of her dependency on me - proof that she was part of my household (eg. council tax letters) or proof of her financial dependency on me (bank statements showing money transfers from me to her)

Does your wife have PR?

[NikiGio]

Am I missing something? or I do not need to prove that my wife has been qualified and prove she did not need CSI?

Yes, you will need to prove this - if your wife doesn't have PR, you will need to send in all the documents required to prove that she's a qualified person, and also documents to prove your relationship to her. More guidance on the UKCEN forum too (do a search online and sign up).

[Zerubbabel]

Hope a moderator would split your post.