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CSI for EU national family member of EU worker

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  • LAWYER RESPONSE CSI for EU national family member of EU worker

    Dear members of the group.
    I have got question related to CSI policy within last 10 years before applying for british citizenship.
    Me and my partner both EU citizens.
    I have been in UK since april 2013 and was always employed since.
    My partner arrived in september 2013 and didnt work till september 2014, as was looking after our child.
    In september 2014 she started working part time, 10 hours a week, wich was increased to 23 hours a week half a year later. And since then she always worked this hours.
    The way i understand, she doesn't require CSI for any period of her residence, as from time of her arrival she was a family member of an EU who was exercising treaty right as a worker( thats me).
    And from september 2014 she started working, and become an EU worker who is exercising treaty rights.
    So, is my understanding correct?
    I would appreciate hearing your thoughts on this.

  • #2
    Originally posted by Maks View Post
    Dear members of the group.
    I have got question related to CSI policy within last 10 years before applying for british citizenship.
    Me and my partner both EU citizens.
    I have been in UK since april 2013 and was always employed since.
    My partner arrived in september 2013 and didnt work till september 2014, as was looking after our child.
    In september 2014 she started working part time, 10 hours a week, wich was increased to 23 hours a week half a year later. And since then she always worked this hours.
    The way i understand, she doesn't require CSI for any period of her residence, as from time of her arrival she was a family member of an EU who was exercising treaty right as a worker( thats me).
    And from september 2014 she started working, and become an EU worker who is exercising treaty rights.
    So, is my understanding correct?
    I would appreciate hearing your thoughts on this.
    Hello,

    You are right, it is possible to be lawfully resident as a dependant of an EEA national who was exercising treaty rights, as noted here: Sponsoring family members

    ...where we have:
    EEA nationals who are exercising treaty rights can 'sponsor' their family members who are not. This includes spouses/civil partners as well as children.
    CSI is not required for dependants.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

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    • #3
      We have put together the following resources which should be your starting point....and, before going further, you should also be aware of the potential impact on family members you may wish to sponsor in the future.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

      Comment


      • #4
        Thank you very much for your answer.
        I forgot to mention that we are not married nor in the civil partnership. But we are in the durable partnership since 2008 with 10 year old daughter. We have a lot of proof of our relations, such as joint bank statements, council tax statements, mortgage statements.
        Also , i have done my research, and i can see that Home Office does recognise durable partnership. And the way I understand, is that as i was exercising treaty rights as a worker, my partner was exercising treaty rights as an extended family member of an EU qualified person( me) . And in that case she didn’t require to have CSI.
        Will the fact that we are not married, make any difference and create any issues for my partner to apply for citizenship?
        Last edited by Maks; 19-10-2020, 07:41 PM.

        Comment


        • #5
          Originally posted by Site Admin View Post

          Hello,

          You are right, it is possible to be lawfully resident as a dependant of an EEA national who was exercising treaty rights, as noted here: Sponsoring family members

          ...where we have:
          EEA nationals who are exercising treaty rights can 'sponsor' their family members who are not. This includes spouses/civil partners as well as children.
          CSI is not required for dependants.
          Good morning dear site admin.

          Thank you a lot for your answer, it is very helpful.
          Sorry for taking your time again, but could you give and advise on that:

          I forgot to mention that we are not married nor in the civil partnership. But we are in the durable partnership since 2008 with 10 year old daughter. We have a lot of proof of our relations, such as joint bank statements, council tax statements, mortgage statements.
          Also , i have done my research, and i can see that Home Office does recognise durable partnership. And the way I understand, is that as i was exercising treaty rights as a worker, my partner was exercising treaty rights as an extended family member of an EU qualified person( me) . And in that case she didn’t require to have CSI.
          Will the fact that we are not married, make any difference and create any issues for my partner to apply for citizenship?

          Thank you.

          Comment


          • #6
            Originally posted by Maks View Post
            Thank you very much for your answer.
            I forgot to mention that we are not married nor in the civil partnership. But we are in the durable partnership since 2008 with 10 year old daughter. We have a lot of proof of our relations, such as joint bank statements, council tax statements, mortgage statements.
            Also , i have done my research, and i can see that Home Office does recognise durable partnership. And the way I understand, is that as i was exercising treaty rights as a worker, my partner was exercising treaty rights as an extended family member of an EU qualified person( me) . And in that case she didn’t require to have CSI.
            Will the fact that we are not married, make any difference and create any issues for my partner to apply for citizenship?
            Gabriella B (lawyer) Would you be able to comment on this?

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

            Comment


            • #7
              Actually I am not sure. Unmarried partners are extended family members and in order to be considered as family members they need to apply for a family permit or residence card.

              In your case this need did not arise as your partner is also an EEA national. I may be overthinking this but the thing is that, if your partner were not an EEA national, she would have had to apply to the HO for a residence card, and therefore it would have been clear that she was your dependant. In this case there has been no application (because your partner is EEA) so the situation is different. I think you could argue dependancy and no need of CSI but I don't think this is entirely straightforward.

              I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

              Comment


              • #8
                Thank you very much for your reply. I think we will apply.

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