Alice109 wrote: ↑Fri Oct 09, 2020 10:18 am
The May 15 update was applying to applications made after that date
What
official (i.e. from HO) evidence have you got of this? The reports on this forum of successful applications (those that may have been affected) since then, while encouraging, are only
anecdotal evidence
at best as it is not possible to know whether the caseworker exercised discretion in favour of the applicant or not. It may be that discretion is 'routinely' exercised which would be great but is no guarantee.
Alice109 wrote: ↑Fri Oct 09, 2020 10:18 am
Besides, the puzzling thing is I've read the update and it seems apply mostly to non EEA family members
No. It very clearly states that it applies to all EEA and Swiss nationals as well as family members of such.
Alice109 wrote: ↑Fri Oct 09, 2020 10:18 am
while for PR and Settled Status it's just repeating what was written in the May 15 update like PR is a proof of 5 years residence etc
You don't need to prove residence you need to prove compliance with the relevant immigration laws. But I assume this is what you meant, in which case yes and no.
What it repeats is that DCPR is proof of compliance with CSI for the 5y period immediately before the date of obtaining PR status and any period since then. But it also explicitly mentions that, in line with other GCR guidance, the applicant needs to have been compliant with the CSI requirement (where applicable) for the full 10y period prior to the application date. This has been debated a number of times on this forum and is a move by HO that is unfortunate but not surprising at all.
For people who have been in the UK 6y before applying for naturalisation, DCPR will show that they have been compliant and they need not worry about it. However, since DCPR is only issued based on the evidence supplied at the time of applying for DCPR, some people will have been in the UK for more than 6y but have successfully obtained DCPR status starting later. This means they will need to provide proof of CSI (if applicable) for any period prior to obtaining PR status up to 10y from the date of application.
The same applies for people with settled status via EUSS. Since May but prior to the 30/09 update, CSI was only explicitly asked for the "qualifying period". But with CSI being asked for explicitly in the GCR guidance, this now spans up to 10y back (where applicable).
There is absolutely no guarantee, with the current wording of the guidance, that this new update will not affect applications already "in flight" and there is nothing stopping a caseworker from asking that the applicant supplies such proof.
Alice109 wrote: ↑Fri Oct 09, 2020 12:26 pm
Reasonable to think because it is pretty expensive, so they can't add very different things after you applied following their regulations in my opinion.
It's indeed reasonable and I fully agree that this is how it should be. But when it comes to naturalisation ultimately HO can do pretty much whatever they want whenever they want (within the limits of the BNA), and they don't owe anybody any explanation of their actions. They have done this before.