BC with settled status and 5 years as a worker: will they ask for CSI?

[Koxinga88]

Hi all,
I am a Belgian citizen and I obtained stettled status in Novemvber 2018 in a trial phase for academics.
In the 5 years for settled status, 2 were spent as a student an 3 as a worker.

I would like to apply for BC in October 2020 so that I can use 5 continued years as a worker.

My question: can the Home Office ask for evidence of comprehensive sickness insurance for the 5 years that were used to obtain settled status?
Note that the 5 years for stettled status would be 2013-18 and those I would use for BC are 2015-20.

Thanks for the advice
Thomas

[uklondonn]

From what I've read so far, yes, they will ask you for CSI unless they exercise discretion if you don't have or you can't provide proof.
If you try to do the online application, there is no way to actually avoid the question/issue.

I have a similar issue, I have a gap at the start of my 5 qualifying years using Settle Status and I'm doubting to apply for BC using Settle Status.

I'm considering applying for PR, but your PR won't be valid anymore after the 31st of December 2020. You will need to have PR and being free of immigration control for 1 year before that date. And even with that, if home office is still considering your application after that date, they might reject your BC application.

In other words, you must have started to work a little bit before 2015.

I'm talking about this here:

https://www.immigrationboards.com/briti ... 6-280.html

And here:

https://www.immigrationboards.com/eea-r ... 03507.html

Otherwise, you will need to apply to BC with your Settle Status.

[dogcat]

''In other words, you must have started to work a little bit before 2015.''


This is inaccurate. I am not referring to OPs situation here but just in general :
It's not about 'working', 'not working'; being employed or etc. It's about exercising treaty rights within the meaning of the relevant directive.

Say, if someone was being self sufficient and had CSI, they will have achieved PR status after 5 continuous years of residing in the UK in such a manner.

[uklondonn]

''In other words, you must have started to work a little bit before 2015.''


This is inaccurate. I am not referring to OPs situation here but just in general :
It's not about 'working', 'not working'; being employed or etc. It's about exercising treaty rights within the meaning of the relevant directive.

Say, if someone was being self sufficient and had CSI, they will have achieved PR status after 5 continuous years of residing in the UK in such a manner.

That's true, I've assumed the OP didn't have CSI for the whole period he was studying. If he had a few months extra before 2015 exercising treaty rights (Either working OR (studying/Self sufficient/etc) +CSI, the OP can apply for PR (EEA route) before it's not valid anymore. (End of this year)

[Koxinga88]

From what I've read so far, yes, they will ask you for CSI unless they exercise discretion if you don't have or you can't provide proof.
If you try to do the online application, there is no way to actually avoid the question/issue.

I have a similar issue, I have a gap at the start of my 5 qualifying years using Settle Status and I'm doubting to apply for BC using Settle Status.

I'm considering applying for PR, but your PR won't be valid anymore after the 31st of December 2020. You will need to have PR and being free of immigration control for 1 year before that date. And even with that, if home office is still considering your application after that date, they might reject your BC application.

In other words, you must have started to work a little bit before 2015.

I'm talking about this here:

https://www.immigrationboards.com/briti ... 6-280.html

And here:

https://www.immigrationboards.com/eea-r ... 03507.html

Otherwise, you will need to apply to BC with your Settle Status.

Sorry but I don't think I was clear in my post.

In my 5 qualyifing years as resident I have exercised my treaty rights without no gap, as I was continuously working.

My question is: can they check the years before the 5 I use for qulafying for BC?
Do the look at the 5 years prior to my settled status and ask for CSI?
Or it's only that they check the years I used for BC and ask for CSI if any of those years was prior to the grant of settled status?

[dogcat]

After 5 years of exercising treaty rights you achieve PR status and don't have to be exercising treaty rights anymore once that status has been achieved.

[dogcat]

From what I've read so far, yes, they will ask you for CSI unless they exercise discretion if you don't have or you can't provide proof.
If you try to do the online application, there is no way to actually avoid the question/issue.

I have a similar issue, I have a gap at the start of my 5 qualifying years using Settle Status and I'm doubting to apply for BC using Settle Status.

I'm considering applying for PR, but your PR won't be valid anymore after the 31st of December 2020. You will need to have PR and being free of immigration control for 1 year before that date. And even with that, if home office is still considering your application after that date, they might reject your BC application.

In other words, you must have started to work a little bit before 2015.

I'm talking about this here:

https://www.immigrationboards.com/briti ... 6-280.html

And here:

https://www.immigrationboards.com/eea-r ... 03507.html

Otherwise, you will need to apply to BC with your Settle Status.

Sorry but I don't think I was clear in my post.

In my 5 qualyifing years as resident I have exercised my treaty rights without no gap, as I was continuously working.

My question is: can they check the years before the 5 I use for qulafying for BC?
Do the look at the 5 years prior to my settled status and ask for CSI?
Or it's only that they check the years I used for BC and ask for CSI if any of those years was prior to the grant of settled status?

Well, if you had periods of 'unlawful residence' within last 10 years which occurred prior to achieving PR status, that could possibly go against your good character.
But I really dont know ...

[Koxinga88]

From what I've read so far, yes, they will ask you for CSI unless they exercise discretion if you don't have or you can't provide proof.
If you try to do the online application, there is no way to actually avoid the question/issue.

I have a similar issue, I have a gap at the start of my 5 qualifying years using Settle Status and I'm doubting to apply for BC using Settle Status.

I'm considering applying for PR, but your PR won't be valid anymore after the 31st of December 2020. You will need to have PR and being free of immigration control for 1 year before that date. And even with that, if home office is still considering your application after that date, they might reject your BC application.

In other words, you must have started to work a little bit before 2015.

I'm talking about this here:

https://www.immigrationboards.com/briti ... 6-280.html

And here:

https://www.immigrationboards.com/eea-r ... 03507.html

Otherwise, you will need to apply to BC with your Settle Status.

Sorry but I don't think I was clear in my post.

In my 5 qualyifing years as resident I have exercised my treaty rights without no gap, as I was continuously working.

My question is: can they check the years before the 5 I use for qulafying for BC?
Do the look at the 5 years prior to my settled status and ask for CSI?
Or it's only that they check the years I used for BC and ask for CSI if any of those years was prior to the grant of settled status?

Well, if you had periods of 'unlawful residence' within last 10 years which occurred prior to achieving PR status, that could possibly go against your good character.
But I really dont know ...

Understood! I wonder if the application asks for that kind of information within the last 10 years.

[dogcat]

Well, it asks for your employment history dating back 10 years.

I'm not too sure about this but I might have read somewhere that '' the applicant must not have been in breach of immigration laws for last the 10 years''

I wonder if not exercising treaty rights (prior to achieving PR status) is tantamount to say, overstaying visa as far as immigration breaches go, which i don't think it is.

[Koxinga88]

Well, it asks for your employment history dating back 10 years.

I'm not too sure about this but I might have read somewhere that '' the applicant must not have been in breach of immigration laws for last the 10 years''

I wonder if not exercising treaty rights (prior to achieving PR status) is tantamount to say, overstaying visa as far as immigration breaches go, which i don't think it is.

Thank you! I do now see clearly what I need to consider.

I fear that if I pay a lot of money to be advised by an immigration lawyer they won't be able to give me any further certainty.

[dogcat]

Well, I am in no way qualified to be providing professional advice , its just what I came up with from doing my own research, but good luck anyway

[uklondonn]

After 5 years of exercising treaty rights you achieve PR status and don't have to be exercising treaty rights anymore once that status has been achieved.

You still don't know if the OP has exercised those treaty rights during the 5 qualifyng years for Settle Status.

OP can't move the 5 qualifying years for Settle Status in a BC application.

Koxinga88 did you have CSI during the years you were studying and you used for your Settle Status application?

[vinny]

It just got more difficult for Europeans to become British citizens.

[Koxinga88]

After 5 years of exercising treaty rights you achieve PR status and don't have to be exercising treaty rights anymore once that status has been achieved.

You still don't know if the OP has exercised those treaty rights during the 5 qualifyng years for Settle Status.

OP can't move the 5 qualifying years for Settle Status in a BC application.

Koxinga88 did you have CSI during the years you were studying and you used for your Settle Status application?

No I did not have CSI when I was a student. 2 of those years withous CSI have been used to obtain settled status. But non of those years without CSI would be used for 5 years in the BC application when I was a worker continuously.

I think the issue comes down to understanding whether that can pass the good character test.

Most cautionary approach is to wait until 2025 when I will have 10 continuous years as a worker and the issue of CSI will be disappeared. Unless I break the law again ^_^

[uklondonn]

After 5 years of exercising treaty rights you achieve PR status and don't have to be exercising treaty rights anymore once that status has been achieved.

You still don't know if the OP has exercised those treaty rights during the 5 qualifyng years for Settle Status.

OP can't move the 5 qualifying years for Settle Status in a BC application.

Koxinga88 did you have CSI during the years you were studying and you used for your Settle Status application?

No I did not have CSI when I was a student. 2 of those years withous CSI have been used to obtain settled status. But non of those years without CSI would be used for 5 years in the BC application when I was a worker continuously.

I think the issue comes down to understanding whether that can pass the good character test.

Most cautionary approach is to wait until 2025 when I will have 10 continuous years as a worker and the issue of CSI will be disappeared. Unless I break the law again ^_^

As I said before you cannot choose your 5 qualifying years applying to BC with your Settle Status. Your qualifying 5 years would be the 5 years prior to your Settle Status date. It's on the guide, have a look to the other big thread I gave you a few messages ago.
We have been debating this issue for 2 months.

I cannot give any recommendation for the 10 years route as I have not read extensively about it. But if you can evade the CSI issue and you don't mind to wait, It's a very good option.

I also gave you an other option if you have been working before 2015, apply for PR, but It's not as simple as that and there might be risks. I've been investigating this option for myself.

[Koxinga88]

After 5 years of exercising treaty rights you achieve PR status and don't have to be exercising treaty rights anymore once that status has been achieved.

You still don't know if the OP has exercised those treaty rights during the 5 qualifyng years for Settle Status.

OP can't move the 5 qualifying years for Settle Status in a BC application.

Koxinga88 did you have CSI during the years you were studying and you used for your Settle Status application?

No I did not have CSI when I was a student. 2 of those years withous CSI have been used to obtain settled status. But non of those years without CSI would be used for 5 years in the BC application when I was a worker continuously.

I think the issue comes down to understanding whether that can pass the good character test.

Most cautionary approach is to wait until 2025 when I will have 10 continuous years as a worker and the issue of CSI will be disappeared. Unless I break the law again ^_^

As I said before you cannot choose your 5 qualifying years applying to BC with your Settle Status. Your qualifying 5 years would be the 5 years prior to your Settle Status date. It's on the guide, have a look to the other big thread I gave you a few messages ago.
We have been debating this issue for 2 months.

I cannot give any recommendation for the 10 years route as I have not read extensively about it. But if you can evade the CSI issue and you don't mind to wait, It's a very good option.

I also gave you an other option if you have been working before 2015, apply for PR, but It's not as simple as that and there might be risks. I've been investigating this option for myself.

If they use the 5 years prior to settles status then no matter how long I wait it will always be those years and the problem will never go away. What am I missing?

[Koxinga88]

After 5 years of exercising treaty rights you achieve PR status and don't have to be exercising treaty rights anymore once that status has been achieved.

You still don't know if the OP has exercised those treaty rights during the 5 qualifyng years for Settle Status.

OP can't move the 5 qualifying years for Settle Status in a BC application.

Koxinga88 did you have CSI during the years you were studying and you used for your Settle Status application?

No I did not have CSI when I was a student. 2 of those years withous CSI have been used to obtain settled status. But non of those years without CSI would be used for 5 years in the BC application when I was a worker continuously.

I think the issue comes down to understanding whether that can pass the good character test.

Most cautionary approach is to wait until 2025 when I will have 10 continuous years as a worker and the issue of CSI will be disappeared. Unless I break the law again ^_^

As I said before you cannot choose your 5 qualifying years applying to BC with your Settle Status. Your qualifying 5 years would be the 5 years prior to your Settle Status date. It's on the guide, have a look to the other big thread I gave you a few messages ago.
We have been debating this issue for 2 months.

I cannot give any recommendation for the 10 years route as I have not read extensively about it. But if you can evade the CSI issue and you don't mind to wait, It's a very good option.

I also gave you an other option if you have been working before 2015, apply for PR, but It's not as simple as that and there might be risks. I've been investigating this option for myself.

The Form AN does not state anything of that. If you can give a specific reference would be appreciated.