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Spouse of a British Citizen applying for EU settlement with PR card
Posted: Tue Dec 29, 2020 1:51 pm
by seraax
Hello everyone,
Just wanted to double check if my thinking is correct.
Here is my situation:
• 2011 - non EU - married to EU citizen (in July)
• 2011 - granted EEA Family member visa (in October, overstayed prior that)
• 2013 - my spouse became British
• 2017 - got my Permanent Residence (PR) card (Residence Card of a family member of a union citizen) via McCarthy case, valid until 2027
To my understanding, I need to apply for the EU Settlement scheme before I can apply for a british passport. Is that correct, or are there better / easier options for me?
Also, I have now read about CSI requirements with "eu settled status", is that going to be an issue if I’ve been out of work for some time? Or it is not relevant for me as I'll be applying for naturalisation as a spouse of a British citizen? Just to clarify, we’ve never claimed any benefits whatsoever and my wife still works part time.
Many thanks
British Citizenship and CSI requirements
Posted: Wed Dec 30, 2020 6:11 pm
by seraax
Hello Expert,
I am just about to apply for EU settled status before applying for Naturalization and I have a question in regards to CSI requirements please.
My spouse is British (used to be an EU citizen) and I hold an EU family member card (PR).
What is the best way to avoid issues with CSI requirements in the future please (I've been out of work):
1. EU settled status and then naturalization (CSI won’t apply to me as the wife is British and has always been working).
2. Permanent Residence card (have been in the UK 10+ years) and then naturalization.
Any advice will be greatly appreciated Please.
Many thanks and best wishes for the coming New Year.
S
Re: British Citizenship and CSI requirements
Posted: Thu Dec 31, 2020 12:04 am
by CULLINAN
Re: Spouse of a British Citizen applying for EU settlement with PR card
Posted: Fri Jan 01, 2021 12:31 am
by alterhase58
seraax wrote: ↑Tue Dec 29, 2020 1:51 pm
To my understanding, I need to apply for the EU Settlement scheme before I can apply for a british passport. Is that correct, or are there better / easier options for me?
You can apply for naturalisation with your PR, you don't need to have Settled for that - though you can still apply for it, just in case.
As stated on this webpage -
https://www.gov.uk/permanent-residence-document-eu-eea :
"If you have a permanent residence document
Your permanent residence document will not be valid after 30 June 2021.
Until that date, you can use it to:
- apply for British citizenship
- sponsor your partner’s visa application if they’re applying for a visa based on your residence"
Re: British Citizenship and CSI requirements
Posted: Sat Jan 02, 2021 1:49 pm
by seraax
CULLINAN, thank you, now it is much clearer what it is all about, thank you.
Can you confirm if I understood it correctly please, there was no need for me to have CSI since I got my PR card, however it could cause some issues (unlikely) if I was unemployed/without CSI between 2010-2017 (before I got my PR status), is that right?
Also, if I had been a company director with no salary/dividends paid to myself, did I need to have CSI?
Thank you so much
Re: Spouse of a British Citizen applying for EU settlement with PR card
Posted: Sat Jan 02, 2021 1:58 pm
by seraax
alterhase58 wrote: ↑Fri Jan 01, 2021 12:31 am
You can apply for naturalisation with your PR, you don't need to have Settled for that - though you can still apply for it, just in case.
Thank you alterhase58, I got completely confused with everything
Do you mean "just in case" if BC application will take over 6 months? How realistic is it to get naturalized before the end of June if I apply asap?
Re: British Citizenship and CSI requirements
Posted: Sat Jan 02, 2021 1:59 pm
by CULLINAN
I will let @
alterhase58 answer it as he has more knowledge about the subject.
Also see:
https://www.freemovement.org.uk/compreh ... -needs-it/
Re: British Citizenship and CSI requirements
Posted: Sat Jan 02, 2021 2:07 pm
by seraax
Thank you CULLINAN, I've read that one too, still not very clear in reagrds to company directors, hopefully alterhase58 can help, thanks a lot
Re: Spouse of a British Citizen applying for EU settlement with PR card
Posted: Sat Jan 02, 2021 2:43 pm
by alterhase58
seraax wrote: ↑Sat Jan 02, 2021 1:58 pm
alterhase58 wrote: ↑Fri Jan 01, 2021 12:31 am
You can apply for naturalisation with your PR, you don't need to have Settled for that - though you can still apply for it, just in case.
Thank you alterhase58, I got completely confused with everything
Do you mean "just in case" if BC application will take over 6 months? How realistic is it to get naturalized before the end of June if I apply asap?
Processing time can take anywhere between one month and six months, some applicants wait even longer. Then there's the wait for the ceremony - you are only British once you have attended and received your certificate. And you know that the deadline for settled status is 30.6.2021, so in case waiting goes beyond that date you have status.
In terms of CSI - that was a requirement under EU regulations, for people exercising treaty rights as "students" or "self-sufficient". Not a requirement for settled status, but UKVI can go back 10 years if they wish. We have yet to see cases where applicants have been refused purely due to CSI issues, and in your case it should not apply. However, when you go to the appointment with UKVCAS you will be asked about this and they need to tick their checklist so you should just state it wasn't applicable. Your query about company director status, again it wouldn't be applicable, you were an employee of the company.
Clearly this is some kind of grey area where UKVI seem to apply discretion.
Re: Spouse of a British Citizen applying for EU settlement with PR card
Posted: Sat Jan 02, 2021 4:23 pm
by seraax
alterhase58 wrote: ↑Sat Jan 02, 2021 2:43 pm
Processing time can take anywhere between one month and six months, some applicants wait even longer.
@alterhase58, thank you so much. Would you say I should apply for BC now and if I won't get it by the beginning of June, I then apply for settlement status before the deadline, is that even possible?
Are there any cons between settled status vs PR for naturalization in my particular case (spouse of a BC)? I was thinking of getting a settlement just in case, so I won't stress out over the deadline to be honest.
alterhase58 wrote: ↑Sat Jan 02, 2021 2:43 pm
In terms of CSI - that was a requirement under EU regulations, for people exercising treaty rights as "students" or "self-sufficient".
So if I put "company director" for employment, there simply won't be a requirement/section for CSI then?
Do I need to submit payslips or anything else? Because I hadn't been paid, so no paperwork whatsoever.
alterhase58 wrote: ↑Sat Jan 02, 2021 2:43 pm
However, when you go to the appointment with UKVCAS you will be asked about this and they need to tick their checklist so you should just state it wasn't applicable.
Okay, fingers crossed, thank you so much alterhase58
Re: Spouse of a British Citizen applying for EU settlement with PR card
Posted: Sat Jan 02, 2021 4:37 pm
by alterhase58
seraax wrote: ↑Sat Jan 02, 2021 4:23 pm
alterhase58 wrote: ↑Sat Jan 02, 2021 2:43 pm
Processing time can take anywhere between one month and six months, some applicants wait even longer.
@alterhase58, thank you so much. Would you say I should apply for BC now and if I won't get it by the beginning of June, I then apply for settlement status before the deadline, is that even possible?
We don't know how timings will pan out of course - you could apply for both BC and Settled (free!) now.
Are there any cons between settled status vs PR for naturalization in my particular case (spouse of a BC)? I was thinking of getting a settlement just in case, so I won't stress out over the deadline to be honest.
These are all types of ILR which is required for naturalisation. Settled application will not interfere with the other applications.
alterhase58 wrote: ↑Sat Jan 02, 2021 2:43 pm
In terms of CSI - that was a requirement under EU regulations, for people exercising treaty rights as "students" or "self-sufficient".
So if I put "company director" for employment, there simply won't be a requirement/section for CSI then?
As far as we know not.
Do I need to submit payslips or anything else? Because I hadn't been paid, so no paperwork whatsoever.
If you submitted a tax return at all, even if nil, then the latest copy. Plus perhaps Council Tax bills for the five year period (with your name on).
alterhase58 wrote: ↑Sat Jan 02, 2021 2:43 pm
However, when you go to the appointment with UKVCAS you will be asked about this and they need to tick their checklist so you should just state it wasn't applicable.
Okay, fingers crossed, thank you so much alterhase58
Re: Spouse of a British Citizen applying for EU settlement with PR card
Posted: Sat Jan 02, 2021 5:19 pm
by seraax
alterhase58 wrote: ↑Sat Jan 02, 2021 4:37 pm
We don't know how timings will pan out of course - you could apply for both BC and Settled (free!) now.
Free and quick processing times - what could be better than that?!
alterhase58 wrote: ↑Sat Jan 02, 2021 4:37 pm
These are all types of ILR which is required for naturalisation. Settled application will not interfere with the other applications.
What I meant is, are there exactly the same requirements for naturalization for different types of ILR? I wouldn't want to get settled and then have additional headache for BC application.
alterhase58 wrote: ↑Sat Jan 02, 2021 4:37 pm
If you submitted a tax return at all, even if nil, then the latest copy. Plus perhaps Council Tax bills for the five year period (with your name on).
I have council tax bill for 2010-2016, then TV licence for 2017-2018, credit card annual statement for 2019 and TV licence again for 2020. Plus self assessment tax return from 3 years ago. Is this good enough you think?
Re: British Citizenship and CSI requirements
Posted: Sat Jan 02, 2021 5:23 pm
by seraax
seraax wrote: ↑Wed Dec 30, 2020 6:11 pm
Hello Expert,
I am just about to apply for EU settled status before applying for Naturalization and I have a question in regards to CSI requirements please.
My spouse is British (used to be an EU citizen) and I hold an EU family member card (PR).
What is the best way to avoid issues with CSI requirements in the future please (I've been out of work):
1. EU settled status and then naturalization (CSI won’t apply to me as the wife is British and has always been working).
2. Permanent Residence card (have been in the UK 10+ years) and then naturalization.
Any advice will be greatly appreciated Please.
Many thanks and best wishes for the coming New Year.
S
Dear Moderator, please delete this message and the one I quoted above, so it won't confuse people. Thank you