Frou01 wrote: ↑Mon May 25, 2020 9:45 pmVery well said. I like that.Lopand wrote: ↑Mon May 25, 2020 8:17 pmI want us all to not panic and get encouragement from the fact that at least on this forum not a single EU applicant with pending application has been asked to provide CSI, nor has been rejected for the lack of. Even more encouraging, a few EU applicants posted here that they've received approvals last week without being asked for CSI, even though they had applied based on their EU Settled Status and were students for a part of the time. This whole situation is very stressful, but we should focus on what we know reliably and keep hoping for the best.
Good luck for all of us!
When you apply for the Permanent Residence card (DCPR) under the EU 2004/32/EC directive, the HO caseworker has absolutely no discretion (0% discretion) in he/her decision making. Because it's under the EU law.
The EUSS (Settled status) is under the UK immigration law, the caseworker can apply discretion in favour of the applicant who want to apply for Settled status.
The British citizenship law is part of the UK immigration law only. The caseworker can apply discretion in favour of the DCPR or Settled status holder applicants. The HO refusing discretion for the Settled Status holders is illegal and contradictory to the UK law. To acquire Settled status one must have 5 years lawful residence, the mire fact that one has Settled statusS is a proof that 5 year lawful residence has already been acquired. The EU regulation 2004/32/EC has been repealed by the UK parliament (with all the other EU laws).
Put it in other words, if you have Settled Status, the 5 years lawful requirement for applying for the BC is already acquired and you don't need to wait another 5 years to apply for the BC, otherwise it's discriminatory against the Settled status holders.