Applying as a Student

[Morphdoc]

Hi all!

So I had all the paper work ready, went to NCS to be told that I cannot apply because I do not have Permanent Residence status/card.

My details:

Country: Poland
Date of entry to UK: 07/2005
Reason: study

I have not yet finished my degree (medicine, I will finish this June).

All the information that I have managed to find out online says that I do not have to apply for Workers Registration Scheme (as a student), which means I have permanent residence since I have been here for 10 years! I just do not have Permanent Residence certificate/card.

Now, in the support materials it says "Evidence of exercising Treaty Rights for 5 years for the relevant EEA national. This may include: medical insurance, state pension, medical report if incapacitated, continuous 5 year presence in the UK, relation to EEA national.

So the guy at NCS said that I MUST have medical insurance if I want to apply for British Citizenship. Is this true? Did I not exercised my treaty rights by being a student for 10 years?!

[CR001]

As an EU citizen studying in the UK (or a self sufficient person), you have to have comprehensive sickness insurance unfortunately.

Did you not work at all i the time you have been here?

[Morphdoc]

Some free lance translating, that's all (Ive done maybe 10 appointments).

Can I instead apply for this first: https://www.gov.uk/government/uploads/s ... _04-15.pdf

Will this give me Permanent residence or is it still required of me to have health insurance?

[CR001]

It is the form for PR yes, and I suspect you need sickness insurance for PR too.

Page 57 and page 58 refer to student, their financial resources and comprehensive sickness insurance.

I will move your post to the EEA Route Application forum as there are more directive experienced members that can assist you.

[Morphdoc]

Oh well, in that case I will just forget about it for now.

I will work for 5 years and then apply for the citizenship. I do not see any other alternative!

Thanks!

[Morphdoc]

Ok, last question.

Since I had no idea about CSI, I have been here for 10 years. I was 15 when I got here, did I really need CSI at that time?

What does it mean for the future application?

Do I have to wait additional 5 years, working and then apply?


....

[vinny]

Were you granted any EEA residence certificate before 20 June 2011?

[Morphdoc]

No, I received nothing.

I came to the UK as a kid (15yo), went to school, never worked, now I am about to finish my medical degree. Never registered for Workers Scheme as I did not have to.

I did some free lance translating, but never paid tax from it (as it was below £10K).

[rosebead]

Did you come to the UK with your parents? Are they EEA nationals too, and did either of them work or were self-employed for a continuous period of 5 years whilst you were still under 21? If so, you can apply for PR on the basis of being a family member of an EEA national, but you would have to submit all of your mother or father's employment proofs for that 5-year period if they still have them, and WRS if applicable.

[Morphdoc]

Yes, my parents work here since 2004. That's good news! I will look into that!

[Morphdoc]

Hmmm, but don't I have to be 21 or below to qualify?

[vinny]

Did you come to the UK with your parents? Are they EEA nationals too, and did either of them work or were self-employed for a continuous period of 5 years whilst you were still under 21? If so, you can apply for PR on the basis of being a family member of an EEA national, but you would have to submit all of your mother or father's employment proofs for that 5-year period if they still have them, and WRS if applicable.

Under which part of 15 would he qualify?

15(1)(a) requires that an EEA student satisfies 4(1)(d)(ii).
15(1)(b) is not applicable since it refers to a family member of an EEA national who is not himself an EEA national ...

Or is just being a family member (who is an EEA national) of a qualified EEA national, sufficient for 15(1)(a)?

[rosebead]

I was under the impression that the Directive allows EEA nationals to be considered as "family members", at least it is mentioned in certain instances like in Article 12. Otherwise, how would for example an 8 year old EEA national gain PR at the age of 13, because they certainly couldn't fit into any of the categories for exercising Treaty rights except for maybe as a "student" (but as a student that requires CSI which doesn't make a lot of sense)? It must come under Regulation 15(1)(a) then.

[vinny]

Yes. It doesn't make any sense for family members who are EEA nationals to be disadvantaged compared with family members who are not EEA nationals.

[vinny]

If 14(2) is applicable, then 15(1)(a) is satisfiable, as a family member of a qualified person.

Being a student appears to be irrelevant, if the EEA national is a family member of a qualified person.

[vinny]

Article 7(1)(d).

[Morphdoc]

ok I am very confused by all of this.

When I looked into this it says that I must be below 21...is this true?

[vinny]

I agree with rosebead's post.

If you were in the UK as a family member of a qualified parent for at least 5 years, then you automatically attained PR at the end of the 5 years. Therefore, if you were in the UK at the same time as your qualified parent since aged 15 and your parent remained qualified throughout the 5 years, then you attained PR when you were 20. Subsequently, if you did not leave the UK for a continuous period of 2 years or more, then you still have PR.

[Morphdoc]

So even without the proper CSI for that period I qualify for PR?

Also, I am 25 now. does this change anything?

[rosebead]

No, you did not need CSI when you were under 21 and your parents were economically active. You can claim for PR using any 5-year window in the UK of your choosing, so long as you were legally resident during those 5 years. As has been already mentioned, you can make a PR application as the family member of an EEA national based on the period in the UK when you were under 21. If you can obtain proof that either of your parents were resident and continuously employed for a 5-year period between 2004-2010 (i.e. before you reached 21) then you can get a PR card so long as you can also prove that you were resident in the UK between 2005-2010. Look at the PR form to see what proofs are required depending on whether your parents were working or self-employed (go to the bottom of the form and refer to Section 9 and Section 17 checklists for supporting documents).