Conflicting advice from Government and Checking service

[superfami]

Hi everyone

My wife is in the process of applying for British Citizenship, but we have been getting some conflicting advice from the government application department and the application checking service so I'm wondering if anyone has some advice?

My wife is an EU national (Hungarian) and I am a British Citizen (by birth). My wife moved to the UK in 2004 when Hungary joined the EU and we were married in 2007. in 2010-2014 she attended Glasgow University to get her degree and qualified as a resident of Scotland, so had her fees paid for (this is the bit that is causing conflicting advice)

I own my own company and earn a decent living therefor my wife has never worked or claimed any benefits.

The government has said that because she studied at university, she needs to have self sufficient medical insurance for the time she was a student (not rely on NHS) however the checking service has advised this isn't true as she qualified as a Scottish resident student (fees paid) and not and international student.

When I explained this to the home office people, they said they would look into it and give me the proper advice, but that was months ago and they never replied!

I don't wish to waste money and time sending off an application for it to be refused. My wife has been here nearly 12 years (EU Citizen), married to me (a uk citizen) for nearly 10 years.........I'd have thought the process would have been more straightforward

Anyone have any experience of this?

cheers

[noajthan]

Hi everyone

My wife is in the process of applying for British Citizenship, but we have been getting some conflicting advice from the government application department and the application checking service so I'm wondering if anyone has some advice?

My wife is an EU national (Hungarian) and I am a British Citizen (by birth). My wife moved to the UK in 2004 when Hungary joined the EU and we were married in 2007. in 2010-2014 she attended Glasgow University to get her degree and qualified as a resident of Scotland, so had her fees paid for (this is the bit that is causing conflicting advice)

I own my own company and earn a decent living therefor my wife has never worked or claimed any benefits.

The government has said that because she studied at university, she needs to have self sufficient medical insurance for the time she was a student (not rely on NHS) however the checking service has advised this isn't true as she qualified as a Scottish resident student (fees paid) and not and international student.

When I explained this to the home office people, they said they would look into it and give me the proper advice, but that was months ago and they never replied!

I don't wish to waste money and time sending off an application for it to be refused. My wife has been here nearly 12 years (EU Citizen), married to me (a uk citizen) for nearly 10 years.........I'd have thought the process would have been more straightforward

Anyone have any experience of this?

cheers

This is Home Office (HO) business so do not expect anything to be straightforward.

What is your wife's immigration status?
Is she on the EU or UK immigration route?

Whoever you have spoken to clearly treating her as if she is on the EU route; (which is most likely).
This relates to your wife exercising treaty rights as a qualified person continuously for 5 years in order to acquire permanent residence (PR).

An EEA national who was a student needs to have had CSI (health insurance) or, at a pinch a foreign-issued EHIC.
Otherwise her time as a student will not count (PR clock will be stopped).

Note: CSI is more about immigration & very little to do with access to NHS services.

Also note a 'confirmation of PR' card is now a newly added & mandatory prerequisite for citizenship applications.

It is also important to establish what your wife's status has been for the rest of an appropriate 5-year qualifying period.

You mention she has not worked or claimed benefits.
- that is all fine.
It may be that she falls into the 'self-sufficient' category of qualified person.

However, as a self-sufficient person, be aware that she will have been expected to hold CSI for this period of the 5 years too.
Also to have not claimed benefits.
(This is all to prove she has not been a burden on the state's social support systems).

So your first step should be to focus on applying for the PR card (if your wife does not already possess one).
See:
https://www.gov.uk/government/publicati ... orm-eea-pr

Fortunately, as the spouse of a BC, there is no then need to hold the PR card for 12 months before applying for the privilege of citizenship, assuming all other requirements have been or can be met;
(note: EEA nationals not married to BC would have to wait).

To summarise: shoot for PR card first.

Do not apply for citizenship without submitting your wife's PR card as the application will simply fail

[superfami]

Thanks for taking the time to reply noajthan

So basically what we should do no is apply for a pr card.......but she finished her degree in april 2014 so that means she needs the 5 year permanent residency since that date, even though shes been here since 2004? (isn't there a reduction in the time if shes married to a British Citizen?)

[noajthan]

Thanks for taking the time to reply noajthan

So basically what we should do no is apply for a pr card.......but she finished her degree in april 2014 so that means she needs the 5 year permanent residency since that date, even though shes been here since 2004? (isn't there a reduction in the time if shes married to a British Citizen?)

I am assuming your wife (as an EEA national) is on the EU immigration route.

It takes 5 years to achieve settled status in UK - for an EEA national that is PR.
There is no reduction in time for marriage to BC.

You just need to find a suitable 5-year period (anytime since 2004) during which treaty rights have been exercised, continuously.
This could be as a student &/or self-sufficient person (&/or else worker, self-employed or jobseeker).

In this period any absences (of your wife) from UK must have been within prescribed limits too (so as to maintain continuity of residence in UK).

CSI may be an issue here.
With no CSI (or EHIC) your wife's PR clock won't have been running.
That may mean she has not acquired PR yet.

It's a longshot but there is a transitional arrangement for students that may help.
No need for proof of CSI If your wife was issued with a Residence card (RC) as a student during or before 2012.
Does your wife possess such a RC?

[superfami]

Hi there

thanks again for the reply

Ok , we didn't realise any of this obviously, so didn't have insurance or get a residency card from the university.

Am i right in saying that if we took out CSI insurance today (starting her pr clock running) then we'd be able to apply for the PR card 5 years from now and in turn then apply for Citizenship?

also if she did decide to work during this period would she be able to cancel the insurance and re-instate it if she left the workplace at all. Basically she has to be working or have CSI in place for a continuous period of 5 years

thanks so much for all your help

[noajthan]

Hi there

thanks again for the reply

Ok , we didn't realise any of this obviously, so didn't have insurance or get a residency card from the university.

...

thanks so much for all your help

It is unfortunate about the CSI.
Don't feel too bad, many people have come unstuck on that point.

Yes, your understanding is correct & your 2 scenarios make sense.

... if we took out CSI insurance today (starting her pr clock running) then we'd be able to apply for the PR card 5 years from now and in turn then apply for Citizenship?

also if she did decide to work during this period would she be able to cancel the insurance and re-instate it if she left the workplace at all. Basically she has to be working or have CSI in place for a continuous period of 5 years

[noajthan]

fyi - for confirmation of PR, see:
https://www.gov.uk/government/publicati ... orm-eea-pr

& for privilege of citizenship, see:
https://www.gov.uk/government/publicati ... en-form-an