Figuring out status/when my wife can apply...

[ptspouse]

I am a British citizen. Grew up in the US, and brought my wife/children to the UK in 2016.

We got their spousal/children visas stamped in November 2016.

To throw a wrench into things... my wife got Portuguese citizenship in December 2017, so when it came time to renew the visas we just relied on her EU citizenship.

We applied for resident cards for the kids based on her status, and then this past spring applied for/got British nationality for the kids (form MN1, after three years residence).

I applied for Pre-Settled Status for my wife, which she's had from May 2019.

Originally I was thinking that next November, 2021, she'd have been here for 5 years. She can apply for Settled Status, and she's married to a British citizen, so immediately after that she can apply for British citizenship as well.

But then I was reading something about Brexit on Reddit last night, and came across "comprehensive sickness insurance" for the very first time.

For the first 2.5 years my wife was covered under the NHS surcharge that you have to pay as part of a spousal visa. Since then she's just been... a EU citizen. She watches after our young children, and stays at home/is dependent upon me. So now I'm not sure...

• what her status is exactly
• when she can apply for Settled Status
• when she can apply for British citizenship

Does she hit 5 years of residency to apply for/upgrade to Settled Status in November 2021, or from December 2022? The first is when her residency started, the second would have been the point from residency as a EU citizen started

She hasn't had CSI because, well, I had no idea it existed until last night. Can she apply for Settled Status without it? Can she apply for British citizenship without it? Or do we need to get it, and then wait five years more to apply?

Very confused, so if anyone can shed any light I'd be very thankful.

[secret.simon]

Since then she's just been... a EU citizen.

Just being an EU citizen would not have been enough for her to be legally resident in the UK. She needed to have been an EU citizen AND exercising EU Treaty rights, by either working, seeking work, studying or being self-sufficient (the last two requiring CSI).

She can apply for Settled Status without CSI on the fifth anniversary of her starting her residence in the UK as an EEA citizen (so essentially when she acquired Portuguese citizenship as she was already in the UK then). Her previous stay in the UK on a spouse visa does not count towards EU Settled Status.

Once she is granted Settled Status, she can indeed apply immediately for naturalisation as a British citizen as she is married to a British citizen.

Be aware that the implications of lacking CSI wrt naturalisation are fluid and seem to change often. So it would be better to revisit that question in December 2022 (which is when your wife should be able to apply for Settled Status).

I have moved this thread to the EEA Immigration forum as the central issue is about your wife getting Settled Status and queries regarding the lack of CSI.

[Obie]

But she was here as spouse of a settled person before she secured pre settled status.

Therefore I do not believe she will fall foul of the requirements to CSI.

Had she been in the UK for 5 years, not doing anything and then securing settled status, that would have caused problems.

[ptspouse]

Thank you both for the feedback, and thanks for moving the thread!

She's been self-sufficient for the entire period, relying on my income, and... saving us a lot in nursery fees.

Based on this, it seems like I shouldn't really be worried about CSI – but should wait the extra 13 months before applying for Settled Status, and then British citizenship just after. Starting from the period when she become Portuguese rather than when we first arrived/she had a spousal visa.