Treaty Rights - Private health insurance

Used Nationality Checking Services however my application is on hold now, need some info and advice.

Long story short:

Currently hold Lithuanian passport

Arrived to England 2nd April 2006, started work on 26th April 2006, changed working place twice in a first year and have 3 WRS certificates.

Worked without any gaps until Oct 2008, entered University, completed MSc course in March 2010, back to employment September 2010 and work until now.

ILR is 26 April 2011, application for naturalisation 17 Apr 2013

received a call today from NCS, the registrar told me she spoke with someone at the office and was told I could not be considered as exercising Treaty rights because I didnt have Private Health Insurance when I was studying and now I can apply only after 5 years when I start working in Sep 2010 ie Sep 2016.

I have read the requirements, couldn't find anywhere saying anything about Private Health Insurance.

any advice much appreciated

NCS are right but there are exemptions to the CSI (insurance) requirement.

- Did you apply for EEA1 as student? (It was not required to do so but if you did, it could exempt you).

- Did you work part time as a student? (Workers don't need CSI)

- Have you had a EHIC issued by the Lithuanian authorities to cover your student years? (A non UK EHIC would be considered CSI).

- Are you married to a EEA national who is working in the UK?

natagabie wrote:Used Nationality Checking Services however my application is on hold now, need some info and advice.

Long story short:

Currently hold Lithuanian passport

Arrived to England 2nd April 2006, started work on 26th April 2006, changed working place twice in a first year and have 3 WRS certificates.

Worked without any gaps until Oct 2008, entered University, completed MSc course in March 2010, back to employment September 2010 and work until now.

ILR is 26 April 2011, application for naturalisation 17 Apr 2013

received a call today from NCS, the registrar told me she spoke with someone at the office and was told I could not be considered as exercising Treaty rights because I didnt have Private Health Insurance when I was studying and now I can apply only after 5 years when I start working in Sep 2010 ie Sep 2016.

I have read the requirements, couldn't find anywhere saying anything about Private Health Insurance.

any advice much appreciated

You must have "comprehensive sickness insurance” as a student to be exercising treaty rights legally see http://www.doh.gov.uk/doh/finman.nsf/4d ... 0FINAL.pdf paragraph 24. There are some exemptions below. Are you a spouse of an EEA national (not bc) living in the UK?

Jambo wrote:NCS are right but there are exemptions to the CSI (insurance) requirement.

- Did you apply for EEA1 as student? (It was not required to do so but if you did, it could exempt you).

- Did you work part time as a student? (Workers don't need CSI)

- Have you had a EHIC issued by the Lithuanian authorities to cover your student years? (A non UK EHIC would be considered CSI).

- Are you married to a EEA national who is working in the UK?

- No, I did not applied for EEA1 since it wasn't a requirement
- No, I didn't work
- I was working prior my studies so thought I am covered, and since UK was main country of residence at the time, I didn't pay taxes to Lithuania and no, didnt have EHIC
- not married

my partner had the same circumstances and he was granted citizenship in 2011, thats why this is a surprise, wasn't aware about CSI

D4109125 wrote:

natagabie wrote:Used Nationality Checking Services however my application is on hold now, need some info and advice.

Long story short:

Currently hold Lithuanian passport

Arrived to England 2nd April 2006, started work on 26th April 2006, changed working place twice in a first year and have 3 WRS certificates.

Worked without any gaps until Oct 2008, entered University, completed MSc course in March 2010, back to employment September 2010 and work until now.

ILR is 26 April 2011, application for naturalisation 17 Apr 2013

received a call today from NCS, the registrar told me she spoke with someone at the office and was told I could not be considered as exercising Treaty rights because I didnt have Private Health Insurance when I was studying and now I can apply only after 5 years when I start working in Sep 2010 ie Sep 2016.

I have read the requirements, couldn't find anywhere saying anything about Private Health Insurance.

any advice much appreciated

You must have "comprehensive sickness insurance” as a student to be exercising treaty rights legally see http://www.doh.gov.uk/doh/finman.nsf/4d ... 0FINAL.pdf paragraph 24. There are some exemptions below. Are you a spouse of an EEA national (not bc) living in the UK?

as far as I understand that applies to EEA citizens who came to England to study? isn't?

natagabie wrote:

D4109125 wrote:

natagabie wrote:Used Nationality Checking Services however my application is on hold now, need some info and advice.

Long story short:

Currently hold Lithuanian passport

Arrived to England 2nd April 2006, started work on 26th April 2006, changed working place twice in a first year and have 3 WRS certificates.

Worked without any gaps until Oct 2008, entered University, completed MSc course in March 2010, back to employment September 2010 and work until now.

ILR is 26 April 2011, application for naturalisation 17 Apr 2013

received a call today from NCS, the registrar told me she spoke with someone at the office and was told I could not be considered as exercising Treaty rights because I didnt have Private Health Insurance when I was studying and now I can apply only after 5 years when I start working in Sep 2010 ie Sep 2016.

I have read the requirements, couldn't find anywhere saying anything about Private Health Insurance.

any advice much appreciated

You must have "comprehensive sickness insurance” as a student to be exercising treaty rights legally see http://www.doh.gov.uk/doh/finman.nsf/4d ... 0FINAL.pdf paragraph 24. There are some exemptions below. Are you a spouse of an EEA national (not bc) living in the UK?

as far as I understand that applies to EEA citizens who came to England to study? isn't?

In order for time as a EEA student to count as exercising treaty rights i.e. having the right to reside you must show that you had CSI (Lekpo-
Bozua v London Borough of Hackney [2010] EWCA Civ 909). However, it could be argued that those EEA nationals that are "ordinarily resident in the UK" have CSI namely by the NHS offering free comprehensive care. Though, this may be very difficult to argue.

D4109125 wrote:

natagabie wrote:

D4109125 wrote:

natagabie wrote:Used Nationality Checking Services however my application is on hold now, need some info and advice.

Long story short:

Currently hold Lithuanian passport

Arrived to England 2nd April 2006, started work on 26th April 2006, changed working place twice in a first year and have 3 WRS certificates.

Worked without any gaps until Oct 2008, entered University, completed MSc course in March 2010, back to employment September 2010 and work until now.

ILR is 26 April 2011, application for naturalisation 17 Apr 2013

received a call today from NCS, the registrar told me she spoke with someone at the office and was told I could not be considered as exercising Treaty rights because I didnt have Private Health Insurance when I was studying and now I can apply only after 5 years when I start working in Sep 2010 ie Sep 2016.

I have read the requirements, couldn't find anywhere saying anything about Private Health Insurance.

any advice much appreciated

You must have "comprehensive sickness insurance” as a student to be exercising treaty rights legally see http://www.doh.gov.uk/doh/finman.nsf/4d ... 0FINAL.pdf paragraph 24. There are some exemptions below. Are you a spouse of an EEA national (not bc) living in the UK?

as far as I understand that applies to EEA citizens who came to England to study? isn't?

In order for time as a EEA student to count as exercising treaty rights i.e. having the right to reside you must show that you had CSI (Lekpo-
Bozua v London Borough of Hackney [2010] EWCA Civ 909). However, it could be argued that those EEA nationals that are "ordinarily resident in the UK" have CSI namely by the NHS offering free comprehensive care. Though, this may be very difficult to argue.

thank you

thats the tricky one, I actually had HC2 certificate (which includes free NHS prescriptions and free dental care) based on my income

natagabie wrote:

Jambo wrote:NCS are right but there are exemptions to the CSI (insurance) requirement.

- Did you apply for EEA1 as student? (It was not required to do so but if you did, it could exempt you).

- Did you work part time as a student? (Workers don't need CSI)

- Have you had a EHIC issued by the Lithuanian authorities to cover your student years? (A non UK EHIC would be considered CSI).

- Are you married to a EEA national who is working in the UK?

- No, I did not applied for EEA1 since it wasn't a requirement
- No, I didn't work
- I was working prior my studies so thought I am covered, and since UK was main country of residence at the time, I didn't pay taxes to Lithuania and no, didnt have EHIC
- not married

my partner had the same circumstances and he was granted citizenship in 2011, thats why this is a surprise, wasn't aware about CSI

Although the CSI requirement is there since the regulations from 2006, the HO only started enforcing it in 2011 so you aren't so lucky as your partner.

You can try and apply for PR confirmation using form EEA3. This application is free and if granted you can apply after 1 year without the need to show your treaty rights evidence again.

Jambo wrote:

natagabie wrote:

Jambo wrote:NCS are right but there are exemptions to the CSI (insurance) requirement.

- Did you apply for EEA1 as student? (It was not required to do so but if you did, it could exempt you).

- Did you work part time as a student? (Workers don't need CSI)

- Have you had a EHIC issued by the Lithuanian authorities to cover your student years? (A non UK EHIC would be considered CSI).

- Are you married to a EEA national who is working in the UK?

- No, I did not applied for EEA1 since it wasn't a requirement
- No, I didn't work
- I was working prior my studies so thought I am covered, and since UK was main country of residence at the time, I didn't pay taxes to Lithuania and no, didnt have EHIC
- not married

my partner had the same circumstances and he was granted citizenship in 2011, thats why this is a surprise, wasn't aware about CSI

Although the CSI requirement is there since the regulations from 2006, the HO only started enforcing it in 2011 so you aren't so lucky as your partner.

You can try and apply for PR confirmation using form EEA3. This application is free and if granted you can apply after 1 year without the need to show your treaty rights evidence again.

thank you, very helpful. I will do that once get a definite response from NCS on Monday

Jambo wrote:

natagabie wrote:

Jambo wrote:NCS are right but there are exemptions to the CSI (insurance) requirement.

- Did you apply for EEA1 as student? (It was not required to do so but if you did, it could exempt you).

- Did you work part time as a student? (Workers don't need CSI)

- Have you had a EHIC issued by the Lithuanian authorities to cover your student years? (A non UK EHIC would be considered CSI).

- Are you married to a EEA national who is working in the UK?

- No, I did not applied for EEA1 since it wasn't a requirement
- No, I didn't work
- I was working prior my studies so thought I am covered, and since UK was main country of residence at the time, I didn't pay taxes to Lithuania and no, didnt have EHIC
- not married

my partner had the same circumstances and he was granted citizenship in 2011, thats why this is a surprise, wasn't aware about CSI

Although the CSI requirement is there since the regulations from 2006, the HO only started enforcing it in 2011 so you aren't so lucky as your partner.

You can try and apply for PR confirmation using form EEA3. This application is free and if granted you can apply after 1 year without the need to show your treaty rights evidence again.

OK update, completed the form, sent proof of financial support which I received from my sister during the MSc studies and I was granted PR. Received my permanent residence card couple weeks ago. this application is no longer free, had to pay £55 but its not that bad, now can try apply again next year.

Thank you again, will keep updated how it goes

Jambo wrote:NCS are right but there are exemptions to the CSI (insurance) requirement.
- Did you work part time as a student? (Workers don't need CSI)

Hey

So is it perfectly ok to be student and self-employed at the same time when applying for British Citizenship?

Thanks

marwuu wrote:

Jambo wrote:NCS are right but there are exemptions to the CSI (insurance) requirement.
- Did you work part time as a student? (Workers don't need CSI)

Hey

So is it perfectly ok to be student and self-employed at the same time when applying for British Citizenship?

Thanks

yes it is ok

Jambo wrote:

natagabie wrote:

Jambo wrote:NCS are right but there are exemptions to the CSI (insurance) requirement.

- Did you apply for EEA1 as student? (It was not required to do so but if you did, it could exempt you).

- Did you work part time as a student? (Workers don't need CSI)

- Have you had a EHIC issued by the Lithuanian authorities to cover your student years? (A non UK EHIC would be considered CSI).

- Are you married to a EEA national who is working in the UK?

- No, I did not applied for EEA1 since it wasn't a requirement
- No, I didn't work
- I was working prior my studies so thought I am covered, and since UK was main country of residence at the time, I didn't pay taxes to Lithuania and no, didnt have EHIC
- not married

my partner had the same circumstances and he was granted citizenship in 2011, thats why this is a surprise, wasn't aware about CSI

Although the CSI requirement is there since the regulations from 2006, the HO only started enforcing it in 2011 so you aren't so lucky as your partner.

You can try and apply for PR confirmation using form EEA3. This application is free and if granted you can apply after 1 year without the need to show your treaty rights evidence again.

YES, it worked !!!! thank you very much for this advise, I would probably give up.

I received my residency card in Sep 2013 and applied for citizenship 2 weeks ago and received a response already application has been approved, citizenship ceremony on March

Hello,

just wondering how you got around not having valid comprehensive sick insurance during the time you were a student.

were they satisfied with you just proving you had financial support during your studies?

i am and Estonian national currently applying for EEA PR (formerly known as EEA3).

thank you.

I second Charlie's question. Also, when you worked, did you fill in the WRS application?