To be worried about immigration changes

[AlertEagle]

Hello everyone, this is my first thread on this forum. I’ve been really worried about what the future holds for me as an immigrant in the UK. I’ve searched many websites to find an answer but couldn’t find an exact one.

I would like to give you a context of my situation.

I came here as an eu worker and stayed (im not skilled) I work full time, pay taxes etc.
I met a british man had a child together, he left for someone else when I was pregnant and I raised our child alone. During mat leave my savings finished so had no choice but to rely on uc. As part of settled status I was allowed to claim. I’m back to work full time however still claim uc but a very small amount compared to what it was when I was on mat leave.

Now what worries me and I havent been able to find any answers to it is that settled status is increasing to 10 years to be able to apply for citizenship. Is it for eu settled status holders as well or just for visa holders? I can’t seem to find out.

The other thing that worries me is that the Torries and specifically Kemi Badenoch want to stop all ILR and settled status holders from being eligible to apply for citizenship if they ever claimed uc or some other form of government support. It worries me because it was layed out in my letter that I can claim but now it seems like they are changing the rules and it seems unfair because if they said we shouldnt claim then of course I wouldnt and now Im punished for it.

can anyone shed some light on how this will affect eu settled status holders as I cant find any info and Im worried.

Also I naturalised my child through my settled status to become British and that was successful.

It is, but to be honest it is Windrush no2 in waiting. All is online and many people have been reported issues accessing their status for years. Some reported jumps from approved to "applied" which was not fun for those who were told that by potential employers during checks. My check to 3 tries... It takes one bad loss of data and many people's status can be just gone. (HO used to have many data losses...). I got naturalised partially because of that

I’ve had it since 2021

If you are worried about it then apply for citizenship now.

It is extremely unlikely that the move from 5 to 10 years will apply to you, but if you want to get ahead of it then apply now. You are eligible if you have had SS since 2021.

I would not worry about your benefits point. Everything I have read from the Tories says they would stop people getting ILR who had claimed benefits ie whilst they had a work visa. You claimed benefits after you obtained ILR which is totally and utterly legal. And in any case this is a Tory suggestion. They are not in government.

I think one of the issues with immigration is the low skilled workers(which I am) not all but those of us who claim cost the taxpayers money. I agree everyone should work, especially young and fit to do so. I don’t agree people should stay home all day and claim benefits, but on the other hand if a person is working and paying into the system then we should be allowed to use it when needed. I think the benefits system needs a huge change. Also why stop people getting naturalised if they claim benefits, surely they can continue to claim without becoming citizens. It would be logical to not allow benefits to those people at all. I may be wrong. I have no idea how immigrants get benefits when they dont work. I had to go long checks before I was approved for help and I had to provide a lot of proof. I also think its wrong to stop people from being naturalised if they have claimed benefits, I would understand if that affects future immigrants but the rules should be clear beforehand.

Thank you for your comment, I claimed government support around my maternity leave because I finished my savings. I continued to claim because I went back to work when my maternity finished. During that time I didn’t have any pre or settled status because uk was still in the eu and eu citizens were allowed to claim.

Hoe long were you here before 2021? You should be eligible now if you had aquired permanent residency already at 2021 like many did. Just nearly never needed the oaper so many didn't apply before euss

Started working in 2016. I’ve had NI since 2014 I believe but I was studying and living with my parents. When I applied for euss they didnt give me settled straight away because I was missing one of my diplomas from college so I couldn’t prove I was here so got pre settled and settled in 2021.

If you've had settled status since 2021 then you should have been eligible for citizenship since 2022 (assuming you haven't broken any laws). The rules are that you have to have been living legally in the UK for five years including at least one year with indefinite leave (settled status).

If you apply now, there is currently no restriction on applications from people who have ever been entitled to benefits.

Kemi Badenoch is proposing introducing those restrictions but she isn't in power!

Yes the reason I mentioned Kemni Badenoch is because her proposal is to backdate it to 2020. I think any new proposal should be for future people who come here and not the ones who have already settled in the uk.

The tories are not in charge so I wouldn’t worry about what she wants, as presumably you’ll be applying for your citizenship next year unless the white paper becomes law before then. There is no mention of not allowed to become a brit cit if claimed benefits in this white paper. It would be crazy to allow people to claim benefits when they get settled status, but then penalise them for it later down the line.

I’d assume the 10yr to citizenship would be all routes but don’t think anything is clarified yet.

You should be worried about Reform UK, not the Tories who are unlikely to be in power after Labour. Reform UK will go further than the Tories.

If I was you, I would apply for citzenship ASAP.

Are you claiming Child maintenance from the father? Just because he choses not to be a involved does not mean he shouldn't support his child.
Re the immigration stuff i would find a specialist to talk to
. maybe start looking at your local citizen advice although in nh area its run by a voluntary service/local legal charity . They should be able to advise regarding the citizenship application

Although there is no proof of the British descent because the father isnt on the certificate.

The No Recourse to Public Funds rules were not as clear cut for EU citizens pre Brexit. An EU citizen could claim benefits if they were habitually resident here. If you were a worker but on maternity leave you were habitually resident.

In any case, you are worrying about a rule that is very likely not to come in.. But I will repeat my earlier advice.. if it’s worrying you then apply right now. Just make sure you’ve covered the English requirement and Life in the UK test.

@soupyspoon

This is what I was thinking. If he was on the birth certificate that would make the child British by default so no issues, but if he’s not then how can OP prove he is British. Hopefully there are other ways around it but I can see why she’s worried. No one knows, everything is uncertain

Kemi Badenoch/Torries wants foreigners to wait 10 years after ilr/settled status before getting citizenship

You do know that she isn't in charge don't you?

The OP has already clarified that she made an application to register the child as a British citizen. Which was the correct course of action if the father was not listed on the birth certificate and she had PSS at the time of birth.

Thats not British by descent though, that bit cant be proved (at the moment for this child).

The application for British citizenship is done under SS, not descent.

British by descent does not matter. In fact, it's a negative in immigration law. British by descent is only brought into operation if the child is born OUTSIDE of the UK. It means they cannot pass it on to any of their future children unless they meet certain residency criteria themselves during their own childhood.

This child has been registered as a British citizen, due to the fact that they were born in the UK and the one known parent, after their birth, then obtained Indefinite Leave to Remain. They have British citizenship 'otherwise than by descent' (and they would have had this even if the British father was named on the birth certificate). This is a stronger 'status' because it means that in future the British citizenship can be passed down to the next generation.

This child has been registered as a British citizen, due to the fact that they were born in the UK and the one known parent, after their birth, then obtained Indefinite Leave to Remain.

I belive the paremt has to have it at the time of birth, not after? Happy to be corrected.

(just to add pre euss it was permanent residency whether with or without actual pp card, again at the time of birth afaik)

It’s highly unlikely that any law brought in will be retrospective, so if you already have settled status it won’t be removed.
The benefits and citizenship rules could affect you if brought in though, but since the Tories and their leader are a long way from power I wouldn’t worry.
And citizenship is not so big a deal if you have settled status anyway. x

To confirm - the child's status is already confirmed and absolutely fine. The child WAS automatically British at birth, due to having a British father, but as he is not listed on the birth certificate the OP took a sensible and pragmatic approach to register him as a British citizen once she had Settled Status. He is now a British citizen 'otherwise than by descent' so can pass it on to future generations. This would have been the same situation had the father been on the birth certificate - 'British by descent' is a status obtained when the child is born outside of the UK.

The OP is now worried about their status - and my advice, if they are at all worried, is to get on with the citizenship application now. In fact, that's always my advice. You have NO idea what any future government will do with the eligibility requirements (as evidenced this week by the government, even though they haven't actually spelled out their changes in detail yet), so if you want it and can afford it you may as well apply as soon as possible. Once you have citizenship it is almost impossible to have it taken away (bar committing a serious crime etc) so you may as well get on with it if you can.

Hi - no, that is not correct. If one parent has ILR/British citizenship at the time of birth, and the birth takes place in the UK, the child is automatically British. In fact, in the case of EU citizens pre-Brexit, the child would be automatically British if the EU parent had evidence they had been living in the UK for at least 5 years before the birth, even if they had no paperwork.

If neither parent has ILR then the child is not automatically British at birth, but when one parent obtains ILR or citizenship, the child can then make an application to register as a British citizen. They do have to take this active step though, they would not become a citizen automatically.

If you apply now, there is currently no restriction on applications from people who have ever been entitled to benefits.

This. My friends cracked on and applied sooner rather than later. As you know you want to stay, better to get on with it rather than worrying about proposals.

Apply for citizenship NOW.
And go on Reddit for more useful information than MN. There are far more immigrants there.