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The application process for citizenship is fairly straightforward compared to immigration applications.
Thank you so much for the explanation, I do really appreciate it. Please what does SAR means.AnotherUUID wrote: ↑Thu Jan 16, 2020 11:51 amThe application process for citizenship is fairly straightforward compared to immigration applications.
You will need (full details here):Applications are done online.
- ✓ LITUK
- Proof of knowledge English
- Two referees to support your application - one must be a British citizen, the other can be of any nationality but they must have professional standing. Both referees must have known you for at least 3y. You must not be related to either or them and they must not be related to each other.
- Evidence of residency in the UK for the 5y immediately prior to the application date (P60s or payslips should suffice, see Guide AN).
- You must have been physically present in the UK on the same day 5y before the application (e.g. if your application is on 31/01/2020, you must have been in the UK on 31/01/2015)
- ✓ At least 12mo of settled status prior to application
- No more than 450 days away during the last 5y from the date of the application
- No more than 90 days away during the last 12mo from the date of the application
Make sure your referees have already agreed to this before you apply as you will need their personal details for the application form and each of them will need to physically sign off a referee form.
You will also need to fill in any dates you went out of the UK and came back in. If unsure, you may be able to make an SAR request to UKVI to see what information they have on you wrt away dates.
It's difficult to give general advice on the "steps you need to take to make a successful application" as everyone's circumstances may be different. But if you have specific questions feel free to ask.
Sorry, my bad. SAR is short for Subject Access Request, the formal way of exercising your right to request the information that an entity holds about you. Of course, there are exceptions (e.g. national security, etc) under which some of the data may be withheld from the SAR to HO but you should be able to receive a copy of all data that doesn't fall into these exceptions, depending on the type of SAR you make.
Thanks a lot for your help.AnotherUUID wrote: ↑Thu Jan 16, 2020 12:32 pmSorry, my bad. SAR is short for Subject Access Request, the formal way of exercising your right to request the information that an entity holds about you. Of course, there are exceptions (e.g. national security, etc) under which some of the data may be withheld from the SAR to HO but you should be able to receive a copy of all data that doesn't fall into these exceptions, depending on the type of SAR you make.
How to do an SAR to the Home Office is explained here.
I'm confused. What does your husband have to do with your application? Your application will be judged based on your circumtances - not your husband's.Miss A wrote: ↑Tue May 19, 2020 12:59 amPlease I need urgent help regarding naturalisation with settled status, I found the below article on a website Google recommended on my phone and I think this might be obstacle for my application, because my husband doesn't have CSI while he was studying. I qualified for ilr under settled status.
Another forum member, RichardW, and I have had an extensive debate from an unprofessional (at least myself, I'm not a lawyer) perspective and, purely by reading the chain of policies stated in the relevant Acts, reached the same conclusion. We speculated whether HO will waive the seemingly obvious breach of immigration rules for EU citizens without CSI. At the time HO had no explicit guidance on the matter, but it appears we were right and HO has identified this.Miss A wrote: ↑Tue May 19, 2020 12:59 amThe Home Office has long taken the view that EU citizens physically present in the UK but who do not have a right of residence under EU law are in breach of UK immigration law. Unknowingly lacking a right to reside is surprisingly common — many people without comprehensive sickness insurance were caught out by this in the past.
It goes on to confirm that proof of CSI is required for time during the qualifying period spent as a student or self sufficient.However, this grant of settled status (also know as indefinite leave to enter or remain) will not confirm that they were here lawfully under the EEA Regulations during that time, as defined by the British Nationality Act 1981as this is not a requirement of the EU Settlement Scheme.You may therefore need to request further information from the applicant to demonstrate this. The naturalisation application form (Form AN) asks for information to confirm the applicant was lawfully in the UK for the relevant 3 or 5year qualifying period.
AnotherUUID wrote: ↑Tue May 19, 2020 1:00 pmI'm confused. What does your husband have to do with your application? Your application will be judged based on your circumtances - not your husband's.Miss A wrote: ↑Tue May 19, 2020 12:59 amPlease I need urgent help regarding naturalisation with settled status, I found the below article on a website Google recommended on my phone and I think this might be obstacle for my application, because my husband doesn't have CSI while he was studying. I qualified for ilr under settled status.
Another forum member, RichardW, and I have had an extensive debate from an unprofessional (at least myself, I'm not a lawyer) perspective and, purely by reading the chain of policies stated in the relevant Acts, reached the same conclusion. We speculated whether HO will waive the seemingly obvious breach of immigration rules for EU citizens without CSI. At the time HO had no explicit guidance on the matter, but it appears we were right and HO has identified this.Miss A wrote: ↑Tue May 19, 2020 12:59 amThe Home Office has long taken the view that EU citizens physically present in the UK but who do not have a right of residence under EU law are in breach of UK immigration law. Unknowingly lacking a right to reside is surprisingly common — many people without comprehensive sickness insurance were caught out by this in the past.
I can confirm that the article you quoted (wherever it came from) is actually right. The Nationality Guidance (Naturalisation as a British citizen by discretion) (as of 15 May 2020) now officially states:It goes on to confirm that proof of CSI is required for time during the qualifying period spent as a student or self sufficient.However, this grant of settled status (also know as indefinite leave to enter or remain) will not confirm that they were here lawfully under the EEA Regulations during that time, as defined by the British Nationality Act 1981as this is not a requirement of the EU Settlement Scheme.You may therefore need to request further information from the applicant to demonstrate this. The naturalisation application form (Form AN) asks for information to confirm the applicant was lawfully in the UK for the relevant 3 or 5year qualifying period.
@MIss A, what were your circumstances in the past 5 years? You say you started work in November 2014. Irrespective of how much you work or how much you earn, what matters is whether you are employed? If you are an employee your residence since 2014 (which already spans a 5y qualifying period) should be considered lawful. Continuous time spent in employment should retain your right of residence in the UK and you shouldn't need to have had a comprehensive sickness insurance for this period.
No. I might be wrong, but as far as I'm aware, CSI applies to everyone who is resident in the UK via an EEA route, including partners and family members of EEA nationals, for time spent as students or self-sufficient.
AnotherUUID wrote: ↑Tue May 19, 2020 6:55 pmNo. I might be wrong, but as far as I'm aware, CSI applies to everyone who is resident in the UK via an EEA route, including partners and family members of EEA nationals, for time spent as students or self-sufficient.
What I meant is that your husband's circumstances regarding his CSI don't necessarily affect your own circumstances. As far as I'm aware, partners and family members of EEA nationals can either be included on a shared CSI policy with their sponsor (where possible) or they can be responsible for making their own CSI arrangements. This means that if you had your own CSI arrangements then you should be fine, irrespective of whether your husband did or not. Note that this also means that if your husband did have CSI, it doesn't necessarily mean that you did too. EHIC cards, for example, are personal and only cover the person named on the card - not their dependents. Unless the issuing country has separate arrangements (if that's even possible).
I'm not first-hand familiar with EEA family member requirements, so please don't take my views as a fact - just my personal view on the matter.
As you've been working since Nov 2014, as long as you can prove that, you shouldn't need to provide CSI for this period. This also falls into the 5y "lawful residence" requirement.
Now, this may be tricky regarding the good character requirement (GCR) which looks at your immigration history for the 10y prior to the application date. Since this 10y period covers some years before Nov 2014 when you started work, as an EEA family member resident, I suspect you too will have been required to have CSI for periods spent as self-sufficient or a student.
Unfortunately, as I shared in another post there doesn't appear to be any clear information as to whether HO will treat lack of CSI for EEA nationals (or their dependents) as breach of immigration law, or if they will exercise discretion in favour of the applicant, or if they will disregard the fact altogether when it comes to GCR. It also isn't clear when assessing the GCR if they will only consider CSI requirements for the 5y period prior to the application or the full 10y immigration history.
I'm afraid this is as far as I am able to understand the current situation of EEA nationals and their dependents. Perhaps somebody else can step in too, especially when it comes to the GCR.
Again, I might be wrong.