Can I lose my family reunion rights if I am granted citizenship by discretion for not having CSI in the past?
Yes. If you are affected by the CSI requirements (please learn more in the CSI section), your family reunion rights can be affected.
Appendix EU and EU-Family Permit of the Immigration Rules allows EU citizens, who lived in the UK before 31 December 2020 and who have EUSS status, to be a sponsor to a family member who wants to join them in future.
However, when such an EU citizen becomes a naturalised British citizen, they can only be a sponsor to joining family members if they satisfy the definition of a ‘relevant naturalised British citizen’ within the rules. The definition is drawn from the regulations that previously guided how EU citizens can live lawfully in the UK, and the CSI requirement must be met to have been lawfully residing in the UK. Absence of CSI (for those who should have had it) means that the EU citizen was in breach of those regulations.
If an EU citizen with a CSI gap naturalises (because the caseworker applies discretion on the application), they are subsequently not entitled to family reunion due to their previous CSI gap. They would still have been entitled to family reunion if they had not naturalised and had stuck with their settled status.
Instead, they will have to look at very complex and hard to satisfy rules around family reunion outside the EU Settlement Scheme.
If you are concerned about this, you should seek advice to find out specifically how it could impact you.
Please read more here.