Posting questions on behalf of J. BSL user

[ClaudLatina]

Good morning Site Admin

I am posting questions for MonkeyFemale who is a BSL user.
She and I spoke this morning via webcam.

1. @MonkeyFemale wants to apply for UK citizenship.
2. She has settled status - 2020
3. She has not worked before 2020 -
4. She is a carer
5. Her mother has pre-settled status - 2020

Is it better for her to wait until 2025 to apply for UK citizenship?

In 2025 her mother would have achieved the settled status
In 2025 MonkeyFemale can prove 5 years of settled status

I think if she becomes British now, maybe more difficult later for her mother to apply for settled status?
Also if she has not worked before settled status maybe Home Office asks for more evidence?

What do you think?

Thank you.

[Site Admin]

Good morning Site Admin

I am posting questions for MonkeyFemale who is a BSL user.
She and I spoke this morning via webcam.

1. @MonkeyFemale wants to apply for UK citizenship.
2. She has settled status - 2020
3. She has not worked before 2020 -
4. She is a carer
5. Her mother has pre-settled status - 2020

Is it better for her to wait until 2025 to apply for UK citizenship?

In 2025 her mother would have achieved the settled status
In 2025 MonkeyFemale can prove 5 years of settled status

Morning,

As you are aware ClaudLatina, the status of carers under EEA rules was never clear. Students and self-sufficient people can now forget all about the infamous CSI in view of the new ruling, but people who received benefits such as carer's allowance didn't really fall under the self-sufficient category, so CSI wasn't the issue here. I've never heard of anyone being refused for citizenship over this, but then, in recent years, I've only seen people who were students or self-sufficient apply, and as you know, at least until we got the new ruling on CSI, only those who met the lawful residence criteria in the more recent years, as we discouraged those who did not, from applying, so, I'm afraid I can't think of anyone in this situation who applied.

Personally, I doubt they would refuse the application for being a carer, however, unlike EUSS and other applications, nationality applications cannot be appealed, so there's no chance to get an independent judge on the case, only a reconsideration by someone else at the Home Office.

[Site Admin]

I think if she becomes British now, maybe more difficult later for her mother to apply for settled status?

This is very much a definite, the mother will need to do the long Lounes paper form. And it gets even worse! Since the Lounes form does go into all this treaty rights business, and, again, it's only CSI that has really been taken off the table, and CSI isn't the issue here. With carers not officially regarded as exercising treaty rights, since there's no provision for them under EEA freedom of movement rules, this could be a further cause for concern. But obviously not for a normal EUSS application where the sponsor hasn't become British, since, as we all know, work, treaty rights, etc. doesn't come into it, just residence and relationship.

Also if she has not worked before settled status maybe Home Office asks for more evidence?

As we know, it is possible to provide alternative evidence like those who were stay-at-home parents have done, however, see all the above.

[Site Admin]

What do you think?

Thank you.

Personally, I'd say better safe than sorry, since we're not just talking about the citizenship application and fee here, but there could be potential complications with the Lounes form as well!

As there's no need to be British for any practical purposes, other than being able to vote in GEs, and settled status only lapses after spending 5 years or longer, out of the country, or can be revoked after committing a criminal offence leading to a sentence of 12 months or longer, I'd say, unless there are very specific reasons, it's best to just stick with settled status for now. The specific reasons would be the usual ones such as moving abroad somewhere too far to return within 5 yeras (like Australia, Indonesia or Argentina, which some members have done), looking for one of the small handful of jobs that require British citizenship (such as some MoD jobs, MI5, etc.) or wishing to join the Armed Forces or Team GB.

[ClaudLatina]

Thank you Site Admin

MonkeyFemale

I am sorry but you have to wait until 2025 (or until after your mother achieves settled status).

If you become UK citizen your mother will not be able to achieve settled status later.

Luckily you have contacted us before paying the money for your citizenship application.

Phew!

[Site Admin]

Thank you Site Admin

MonkeyFemale

I am sorry but you have to wait until 2025 (or until after your mother achieves settled status).

If you become UK citizen your mother will not be able to achieve settled status later.

Luckily you have contacted us before paying the money for citizenship application.

Phew!

This is a case of potential double trouble. Obviously, if the citizenship application ended up refused, then the mother would be able to apply for settled status online in the normal way, since the sponsor wouldn't be British, no need for Lounes form. Only a huge wa$te of money.

And if the citizenship application was not refused, then we could still be looking at issues with the Lounes form, as per the screenshot taken from the form:


So it could well be a short-term success leading to a long-term nightmare.

PHEW INDEED!

[ClaudLatina]

Thank you so much Site Admin

Just a small amendment to make the situation very clear.

I have just spoken to MonkeyFemale via webcam and she told me her mother has moved here in the UK permanently in 2019, so her full 5 years to achieve settled status will be in 2023.

I clarified that it is important for the mother to get settled status first and then MonkeyFemale can apply for UK citizenship.

Am I correct Site Admin?

[Site Admin]

Thank you so much Site Admin

Just a small amendment to make the situation very clear.

I have just spoken to MonkeyFemale via webcam and she told me her mother has moved here in the UK permanently in 2019, so her full 5 years to achieve settled status will be in 2023.

I clarified that it is important for the mother to get settled status first and then MonkeyFemale can apply for UK citizenship.

Am I correct Site Admin?

Absolutely!