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Hi there I am hoping someone can help with our (rather complicated) immigration issues. I am a non-EEA spouse of an EEA citizen and in June of 2013 the HO confirmed our application for EEA1 and EEA2, which we obtained in July of 2013. We are now both eligible for EEA3/4 legal permanent residency and now next month my EEA spouse is eligible for naturalisation because by then he will have been here 6 years (all of which he was exercising his treaty rights). I see that it is much easier to apply for naturalisation once you have your permanent residence card (EEA3) to support your naturalisation application so I was just looking at what was involved for that and it looks as though we have a problem:

He would be applying to confirm his legal permanent residency (which, as I understand he automatically has after being in the UK for a continuous 5 year period and exercising treaty rights so it is just a matter of HO confirming that status) as a student. This basis for LPR requires documenting that you were covered under comprehensive sickness insurance for the 5 years as a student. We do not have this and am not sure how we got the EEA1/2 in the first place without it. Here was our situation when we first got our residency confirmed in 2013-

At the time of application we purchased CSI to cover both of us from WPA which lasted from June 2013 to June 2014. So we had CSI at the time of application but the coverage did not extend the full three years for the period we were applying for. So for EEA3/4 do we just need to document CSI at the time of application or do we need to show coverage for the continuous 5 year period? If our experience with EEA1/2 is anything to go by then it is just at the time of application. Or do different rules now apply for EEA3/4?

Or is it something else entirely. We have a complicated immigration status. We are both Americans. But my husband has an ROI passport (which he got under birth rights legislation but thats not really important other than the fact that he has never lived or worked in ROI and therefore cannot get an ROI EHIC card as far as im aware- if he could, this would be so much simpler and we wouldnt have to worry about CSI at all). But he entered the UK under a Tier 4 visa so that he could study and i joined him as a Tier 4 dependent partner (a visa which no longer exists). During that time as a student he got his ROI passport, i was able to work legally, and then when he graduated in July 2013 I supported him financial while he was looking for work. So at the time of our EEA1/2 applications it was made under the economically self sufficient basis for exercising treaty rights.

Now that we are both PhD students we hope to make our LPR applications on the basis of him being a student. I just dont know what to do about the CSI requirement. I have seen that this only applies for people who became students after June 2011. Is this correct? If so, we could show that since he started his study in July 2009. But between July 2013 and January 2014 he was not a student and was economically self sufficient (which was accepted by virtue of being granted EEA1/2) so i dont know if this break now means that him starting his PhD in January 2014 now does not make him exempt from CSI requirement since it is after 2011. If this exemption exists at all because in other places i say the exemption is the date of application for EEA3/4 rather than the date of becoming a student.

If that whole route is a non starter than i wonder if CSI was ever required at all since we are American students studying in the UK- we originally had Tier 4 visas to enter the country and are now remaining legally in the country under EU regulations but as far as the University is concerned (and student loans) we are paying the international tuition rate as Americans. Non-EU students are not required to purchase private health insurance and can access the NHS. We only ever bought the CSI to support our application in the first place because he didnt need it as an American students and I didnt need it as someone who was making NHS contributions. So can we argue that this requirement does not apply? It does seem counter-intuitive though since the whole purpose of the legislation was so foreigners wouldnt use the NHS so I imagine that argument saying that we are insured under the NHS would fail just by that logic.

If that doesnt work then what if we just purchase the CSI again. Having the coverage at the point of application (rather than for the whole residency period you are applying under) seemed to work for the EEA1/EEA2 but maybe that was an oversight on the previous judgement?

And, if they are bothered by not having it for the whole 5 year period continuously- does that then mean we have to wait ANOTHER 5 years to be able to apply?? That would be a problem for me then when my current EEA2 expires in 2018 and i have to reapply because i can imagine not having the CSI coverage for the required length of time and would be a VERY real hinderance in gaining employment and crossing borders in the future (i know its not compulsory to have a valid one but having one that is not expired just makes life easier).

So that is a very long way of me asking: Does my spouse need CSI for his EEA3 application if applying as a student but dual national as American? And if yes, Does it have to cover retrospectively and contiuously for the entire 5 year period? Or will that 1 year that we had coverage be taken into account and we only have to wait 4 more years to apply?

Any help would be very very very appreciated. I fear we may need to pay for legal advice.

You need to shrink your question from 10 paragraphs to 2 because it look like a novel. I tried to read but previous paragraphs I forget

Yes, sorry a bit wordy. But basically-

Applying for LPR under EEA3 as a student:

Is CSI required for people who became students before 2011?

Is CSI required for Non EU students who entered under Tier 4 (who ordinarily dont need CSI because can access NHS)?

Is CSI required for the continuous 5 year period? (for example what if if you have gaps in coverage, or switched between student or other status?)

If CSI is required for 5 years continuous up to the point of application, and i cant documentment this unbroken coverage, then do i have to purchase it now and wait a whole 5 years before i can apply?

Essentially, how can i avoid the CSI problem given all the facts stated in the original post?

First of all you should not mix up the tier 4 into EU route because it is completely different and regulates under UK immigration rule. But as far as EU national students are concerned they need to covered by CSI and from June 2015 the whole family must have CSI plan. However, if the EU national student had received its EEA1 certificate on student basis before june 2011then now under transitional plan basis they won't be refused from eea3 only because of CSI otherwise they will be refused. If the EU national didn't hold CSI in previous years then he/she can use the other mode of exercising treaty rights like working/self employment.

sheraz7 wrote:First of all you should not mix up the tier 4 into EU route because it is completely different and regulates under UK immigration rule. But as far as EU national students are concerned they need to covered by CSI and from June 2015 the whole family must have CSI plan. However, if the EU national student had received its EEA1 certificate on student basis before june 2011then now under transitional plan basis they won't be refused from eea3 only because of CSI otherwise they will be refused. If the EU national didn't hold CSI in previous years then he/she can use the other mode of exercising treaty rights like working/self employment.

Thanks for this sheraz7. yes i know that UK and EU regs are different, the reason why i had brought it up was i was seeing if there was a way at all to argue that NHS is our CSI as we originally entered the UK under Tier 4 visas but now remain under EEA1 and EEA2 permits. Is this not possible? We are not considered EU national students, we registered as Americans nut are using the student basis for exercising treat rights.

We got our EEA1 and EEA2 in July of 2013 but we were students before June 2011, but it sounds like it is the point of application and not the time at which you started to be a student that matters for the CSI exemption? If so, I am confused as to why we were granted the EEA1 and EEA2 in the first place since at the time of application we only had one month of coverage rather that the full 3 years that we were applying for?

For the EEA3 application my husband is only eligible on the basis of being a student or economically self suffiencient (under my income). which is a problem because we only had CSI from June 2013 to June 2014. So my question is, if must purchase now, do i have to wait 4 or 5 years AGAIN before we are able to apply?? Is there any exemption i could argue or able to purchase a policy backdated from the start date?

NHS cannot substitute CSI which is a mandatory requirement for EU national self sufficients and students along with their whole family.
The reason you were granted EEA1 & EEA2 when your CSI policy was in its first month because for EEA1 & EEA2 applications the treaty rights should be at least active on the day of application and afterwards during its processing. But for eea3 application the treaty rights must cover the whole previous 5 years.

sheraz7 wrote:NHS cannot substitute CSI which is a mandatory requirement for EU national self sufficients and students along with their whole family.
The reason you were granted EEA1 & EEA2 when your CSI policy was in its first month because for EEA1 & EEA2 applications the treaty rights should be at least active on the day of application and afterwards during its processing. But for eea3 application the treaty rights must cover the whole previous 5 years.

That clarifies it, thanks! but also bad news. am i right in understanding that since we are both students now and at this moment do not have CSI then no matter what we will not be eligible to apply in at least 5 years time? There is no other basis he could be exercising his treaty right that does not require CSI unless his (tax-free) PhD stipend qualifies him as a worker?

Yes without CSI if the EU national is self sufficient/student then the PR application won't succeed. However, if the EU national start working at least 24 hours per week or self employment then there won't be any CSI needed. And if you wish may get another 5 years residence permit (EEA2) with the most recent treaty rights evidences of EU national partner.

thanks again, youve shed much light on this complicated thing. But even if he starts working tomorrow that still means i would have had to shown CSI coverage for the time he was a student? so regardless at minimum i can apply for LPR is in 5 years time, or does by virtue of applying as a worker remove the criteria for CSI regardless of his activity in the 5 years prior to establishing LPR? I would have thought that in the 5 year period any time you were study or self sufficient you would have had to demonstrate CSI coverage during that time that you were a student.

Is this CSI criteria the same for LPR as it is for naturalisation?

if he starts working tomorrow your clock will start again from scratch as he did't have CSI to cover period when he was a student. it does apply for naturalization and PR in this case.

Can anyone please shed a light on this for me please....

As a full time worker and also went to university for 2years, Do i still need CSI to support my PR application? I didn't hear about this csi at all until after i applied for my pr. Please help. Please help

ally007 wrote:Can anyone please shed a light on this for me please....

As a full time worker and also went to university for 2years, Do i still need CSI to support my PR application? I didn't hear about this csi at all until after i applied for my pr. Please help. Please help

This may merit a new thread.

It depends on several factors including:

• how you presented your case (adequate documentary supporting evidence of work);
  whether HO accepts your work is genuine and effective and not marginal or supplementary (in comparison to your studies).

Thanks Naojthan, Yes i made sure I included my eea family P60 for 6years, loads of payslips, wrs certs and bluecard which include residence permit with no expiring date, our mortgage papers and so on. it cost us 12pounds to sent. And I was included on the same form as family member. Hope we will receive everything back soon with shinning news by God grace.