EEA - Problem with application because I was a student !?

[tomydza]

Hi

I am an EEA citizen. I need some help as I was going to apply for naturalisation but a lady at my local nationality checking service told me that because I was a student I should have a private medical insurance. Is that true?

My situation:
2005 - wroker
2006 - worker
2007 - 2010 - student
2011 - worker

What she said is that I cannot claim the time when I was a student because I did not have a private health insurance .

Can anyone help?

Thank you

[boloney]

Hi

I am an EEA citizen. I need some help as I was going to apply for naturalisation but a lady at my local nationality checking service told me that because I was a student I should have a private medical insurance. Is that true?

My situation:
2005 - wroker
2006 - worker
2007 - 2010 - student
2011 - worker

What she said is that I cannot claim the time when I was a student because I did not have a private health insurance .

Can anyone help?

Thank you

I did read somewhere that if you have been working in the UK for one year than you can use NHS, this will cover time when you was studying.
I`m pretty sure that was on this forum but I can`t provide any links.

[alisha_z]

I did read somewhere that if you have been working in the UK for one year than you can use NHS, this will cover time when you was studying.
I`m pretty sure that was on this forum but I can`t provide any links.

Is this correct? I've spent hours checking the forum for information on this matter but unfortunately I haven't been able to find confirmation. I'd very grateful if anyone could confirm or definitively dismiss this.

[Jambo]

Are you an EEA national or a family member?

If EEA natioanl, did you apply for Residence Certificate as a student? The UKBA will waive the requirement for CSI when applying for PR if you originally had a Residence Certificate as a student.

Have you got EHIC card from another member state?

I'm not aware of any other relaxation with regards to CSI.

[alisha_z]

Are you an EEA national or a family member?

If EEA natioanl, did you apply for Residence Certificate as a student? The UKBA will waive the requirement for CSI when applying for PR if you originally had a Residence Certificate as a student.

Have you got EHIC card from another member state?

I'm not aware of any other relaxation with regards to CSI.

Hi Jambo, thanks for replying.

I was not aware of that certificate (I assume you mean the registration certificate for EEA nationals discussed here http://www.ukba.homeoffice.gov.uk/eucit ... nationals/). To be honest, I can't see how this document is relevant for sickness cover purposes as it is (a) optional and (b) does not mean that you have insurance of any kind either in the UK or in country of origin. Are you sure about this?

EHIC card should be dated from the beginning of qualifying period, is that right?

[Jambo]

I was not aware of that certificate (I assume you mean the registration certificate for EEA nationals discussed here http://www.ukba.homeoffice.gov.uk/eucit ... nationals/). To be honest, I can't see how this document is relevant for sickness cover purposes as it is (a) optional and (b) does not mean that you have insurance of any kind either in the UK or in country of origin. Are you sure about this?

The Registration Certificate is not relevant to CSI. The HO is waiving the requirement for CSI if you were registered as a student before June 2010. For that you have had to apply for a certificate as a student. See more details in the last two pages here.

EHIC card should be dated from the beginning of qualifying period, is that right?

From the beginning of the period as a student.

[alisha_z]

Thanks very much for replying, Jambo, this clarifies things, I wish I had known about this certificate earlier. May I use this thread to present my case since I’ve already started here?

I was recently naturalised as a BC (EEA national working in the uk for 6 years) and we would now like to apply for my partner (EEA national, NOT civil-partnered). Unfortunately, there are some gaps in her study/employment history. Here’s her timeline:

1993-94: full-time student
1994-96: working
1996-97: not working, not claiming benefits
1997-04: student
2004-05: not working, not claiming benefits
2005-07: working (v. part time)
2007-the present: not working, not claiming benefits.

Does she have any grounds for applying on the basis that she exercised treaty rights over a continuous period of seven years (97-04) when she was a student? On another thread http://www.immigrationboards.com/viewto ... +insurance, nonspecifics has argued that “it's up to the applicant which five years they choose and it is also up to the applicant if, or when, they apply for confirmation of PR".

Re. CSI, my partner did not have a registration certificate issued to her by ukba when she became a student in 1997 but, as far as I know, at the time there was no requirement for students to be covered by CSI. Would it possible to make a case that the requirement for CSI should for this reason be waived?

We are also considering getting civil partnered soon. Could she then apply on the basis that she is partnered to a British citizen and has lived in the UK for three years prior to the application (proved by tenancy agreements)? Would it count against her that she did not work and was not covered by CSI during those three years? Also, would my income become relevant in that case – would I have to show that I had sufficient income to support us both?

I’m sorry if this is complicated, I’ve spent hours searching the forum but am still left with these questions. Any help will be greatly appreciated!

[Jambo]

Better to open your own thread than hijacking someone's else.

Although before 2006, being a student (EEA national) did not lead to Permanent Residence, the UKBA are likely to treat her years under the current rules and not the old ones so if she can prove she was a student during those years, I believe it should be OK. I don't think the UKBA will be asking for CSI for that period.
She will also need to show that since obtaining PR status, she did not leave the UK for more than 2 years otherwise she would have lost her PR status.

She could apply on the basis on being civil partner to a British citizen but it would not really matter as she qualify on her own merits as she has been a resident for more than 5 years.

BTW - Why to go through all the hassle? BC is not cheap and is not really giving you much more (unless you plan to go into politics....).

[alisha_z]

That's very helpful, Jambo, thanks for replying so swiftly, and I'm sorry I hijacked someone else's thread.

Although before 2006, being a student (EEA national) did not lead to Permanent Residence, the UKBA are likely to treat her years under the current rules and not the old ones so if she can prove she was a student during those years, I believe it should be OK. I don't think the UKBA will be asking for CSI for that period.

That's very encouraging! Would it be a good idea to call ukba up and get it confirmed? My partner and I would hate to have to pay the naturalisation fee only to get rejected and then have to try a different route. Also, my partner is quite concerned that if she has her application rejected she might be requested to leave the country as per this case here http://www.immigrationboards.com/viewto ... hlight=csi (which, admittedly, is about EEA2, not BC).

She will also need to show that since obtaining PR status, she did not leave the UK for more than 2 years otherwise she would have lost her PR status.

We have tenancy agreements to show -- would that be sufficient, do you think?

BTW - Why to go through all the hassle? BC is not cheap and is not really giving you much more (unless you plan to go into politics....).

No plans to go into politics, but the EU seems to be in turmoil right now -- free movement across member states may not be here forever!

[Jambo]

That's very encouraging! Would it be a good idea to call ukba up and get it confirmed? My partner and I would hate to have to pay the naturalisation fee only to get rejected and then have to try a different route.

Definitely worth giving them a call. Just be prepared that they might not know the answer straight away as this is not a typical question and it requires knowledge of the regulations in place before 2006. You can also try and contact them by email and get a hard copy proof.

The easiest would be to go first via the EEA route and first apply using EEA3 (PR confirmation for EEA nationals) and then go for BC. EEA applications are free.

Also, my partner is quite concerned that if she has her application rejected she might be requested to leave the country as per this case here http://www.immigrationboards.com/viewto ... hlight=csi (which, admittedly, is about EEA2, not BC).

EEA nationals are not requested to leave the UK (unless they are committing serious crimes). Worse case, they ask for more documents (as was in the case you quoted, they were asked either to leave or to re-apply with more documents. This is not a removal).

We have tenancy agreements to show -- would that be sufficient, do you think?

Good enough.

[alisha_z]

Thanks, Jambo, I'll email them and also check the guidelines for EEA3.

[alisha_z]

I've just talked to someone from ukba who said that for BC applications made by EEA nationals the 5-year qualifying period must be the one IMMEDIATELY preceding the application, i.e. it is not possible to apply on the basis of ANY 5 years of exercising treaty rights as nonspecifics suggested in this thread http://www.immigrationboards.com/viewto ... +insurance:



Just one more question please, when was Comprehensive Sickness Insurance introduced as a requirement for students? We're now considering for my partner to apply for EEA3; it is stated in Annex B http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary that "EEA nationals and their family members who have resided in the UK for a continuous period of 5 years in relation to EU laws relating to free movement rights that were in force during the 5-year period will acquire the right to permanent residence". If CSI was introduced after 2004, my partner could apply for PR on the basis of her status as a student from 1997 to 2004 despite not having CSI at the time, is that right?