Non EU national Applying for BC with Settled Status root

[sydney19]

Hello Great Minds - Especially CR0001.
This is my first post here. I need an advice on form AN for naturalisation:
Here it goes:
Thank you for your response.
Here are the details.
My wife and I moved to Scotland February 27 2014. My partner got a job and started working in April 2014. I didn't start my job till September 2014 after i got my EEA family member status.
In between the time i started work from 2014-2020 - There has been btw 2 months in each year i didn't work either, i was looking for a job or staying with kids.
I was issued EU Settled status on August 19, 2019. August 19, 2020 makes me 1yr. I have Settled Status and I guess I'm qualified to apply for Naturalization.

My question.
Since their is an updated policy regarding Settled status root to Nationalisation:
Is it my wife working in the years prior to settled status that is relevant to whether or not i was a lawfully resident? Should i include the evidence her evidence as a Qualified Persons during in UK residence in order to naturalise as British citizens?
Here is what i have:
1) Our joint council statement/bill from 2014 - till date
2) My wife p60 2014 -2015 and p45, 2015 - We had our child . She was taking maternity allowance i have the letters and approval, p60 2016-2017, p60 2017-2018, p60 2018 -2019 , p60 2019-2020
3)My own P60 for 4/5yrs.
4) In Between i can get our joint bank statement that shows our salaries from 2014-2019
4) Our passports, House contracts - joint tenancies,
5) Joint tax credits/travel histories

My question is can i apply for naturalization now ? We are resident in Scotland for over 6yrs and 7months and I have been with my settled status for 12months.
My wife is Czech and she is not interested to apply for naturization. My kids where born in Czech and UK. All of us have settled status which was issued in August 2019.

Please can the professors here advice me on this documents? because of the recent update about British citizenship applications for EU/EEA nationals – naturalisation guidance update - i'm confuse.
Thank you all.

[alterhase58]

Note the application is personal to you, therefore provide documents relating to yourself:

1) Our joint council statement/bill from 2014 - till date Not required.
2) My wife p60 2014 -2015 and p45, 2015 - We had our child . She was taking maternity allowance i have the letters and approval, p60 2016-2017, p60 2017-2018, p60 2018 -2019 , p60 2019-2020 Not required.
3)My own P60 for 4/5yrs. Yes
4) In Between i can get our joint bank statement that shows our salaries from 2014-2019 Not required and not accepted anyway.
4) Our passports, House contracts - joint tenancies, Your passport only - contracts not required.
5) Joint tax credits/travel historiesYour travel history only.

It seems you are ok to apply if you satisfy all the requirement including absences and good character.

[sydney19]

Hi Alter,
Thank you for your responds. I still have few questions.
Since i'm a non EU family member and the new update states Home Office guidance in May 2020 confirmed that settled status in itself is not proof of past “lawful residence” in the UK – one of the key requirements for British citizenship applications.The Home Office may need to request further information from the citizenship applicant to demonstrate that they were lawfully resident in the UK prior to the grant of settled status.

My question are,
It will be my wife’s working in the years prior to settled status that is relevant to whether or not i'm a lawfully resident. I guess i will need evidence of that?

2)Can i include p45 in my application? I stopped work 22 March before the finial tax year and i started a job End of April of that year. Unfortunately no p60 was giving to me that year.
Can i use the online HMRC printed taxable income and the Income Tax and National Insurance to back my claim for p60?

[alterhase58]

Hi Alter,
Thank you for your responds. I still have few questions.
Since i'm a non EU family member and the new update states Home Office guidance in May 2020 confirmed that settled status in itself is not proof of past “lawful residence” in the UK – one of the key requirements for British citizenship applications.The Home Office may need to request further information from the citizenship applicant to demonstrate that they were lawfully resident in the UK prior to the grant of settled status.

My question are,
It will be my wife’s working in the years prior to settled status that is relevant to whether or not i'm a lawfully resident. I guess i will need evidence of that?
The requirement for lawful residency has always been in place. The updated caseworker guidance doesn't represent a change in the law (there's a separate thread about the 'CSI' issue but I don't think that applies to you). Naturalisation doesn't re-run PR, Settled Status or ILR applications. Your documents are sufficient in terms of the requirements.

2)Can i include p45 in my application? I stopped work 22 March before the finial tax year and i started a job End of April of that year. Unfortunately no p60 was giving to me that year.
I think employer should have provided P60 at the end of the tax year even if you left their employment before the end of the tax year. Include P45 in that case.
Can i use the online HMRC printed taxable income and the Income Tax and National Insurance to back my claim for p60?
P60 is there to support residency rather than proving your earning and tax. UKVI have access to HMRC data, amongst other government data sources. You are free to provide further documents if you wish.

[sydney19]

Thank you. Here is my qection before submitting.
I enclosed the following:
My wife 5yr p60
My own 4yr p60 plus p45 and letter from employer confirming that I,m their employee.
5yr council bill
Two references
Life in Uk test and English text.
And other documents
I included my partner 5yr p60 to show that she & me are excising our right of resident.
Please let me know if is fine.

[alterhase58]

The list of documents seems ok - except your wife's P60s are not required in my view.
The guidance for applicants has not changed. As I stated previously: "The requirement for lawful residency has always been in place. The updated caseworker guidance doesn't represent a change in the law (there's a separate thread about the 'CSI' issue but I don't think that applies to you). Naturalisation doesn't re-run PR, Settled Status or ILR applications. Your documents are sufficient in terms of the requirements."
Of course you are free to add any documents you wish.

[RSH]

Thank you. Here is my qection before submitting.
I enclosed the following:
My wife 5yr p60
My own 4yr p60 plus p45 and letter from employer confirming that I,m their employee.
5yr council bill
Two references
Life in Uk test and English text.
And other documents
I included my partner 5yr p60 to show that she & me are excising our right of resident.
Please let me know if is fine.

I think you do have a valid point regarding proof of your partner exercising treaty rights. As settled status is not proof of lawful residence, one can argue that you need to prove if your partner was exercising treaty rights during your 5 years stay (similarly if one's partner wasnt working, did he/she had CSI?). I'm not expert but it is not far fetched conclusion if we look at the guidance.

2ndly can I ask how did your application go?

[RSH]

Furthermore, I want to share specific part from caseworker guidance.

"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, self-sufficient, 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). "

Statements above suggest that, non-eu family members has to prove that their partner was exercising treaty rights during their 3 or 5 years qualifying period.