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What in FT/PT job pays 4 Comprehensive Sickeness Insurance?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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johnnybaloney
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What in FT/PT job pays 4 Comprehensive Sickeness Insurance?

Post by johnnybaloney » Mon Jan 11, 2016 9:18 pm

Hello,

I was wondering what component of my remuneration (or something that the employer has to pay because they keep me) while in full or part time job removes the need for comprehensive medical insurance? In other words on what basis I don't have to have it when I work?

Is it:
  • National Insurance contributions
  • tax contributions
  • a medical insurance that every company ought to/does (?) provide to their employees
  • pension contributions
  • something else
  • nothing, no relation
?

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Casa
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Re: What in FT/PT job pays 4 Comprehensive Sickeness Insuran

Post by Casa » Mon Jan 11, 2016 9:21 pm

NI contributions - to which both yourself and your employer contribute.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

johnnybaloney
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Posts: 18
Joined: Fri Jan 08, 2016 9:42 pm

Re: What in FT/PT job pays 4 Comprehensive Sickeness Insuran

Post by johnnybaloney » Mon Jan 11, 2016 10:55 pm

If this and only this is what makes the Home Office unhappy wouldn't then it be possible for those who don't qualify for permanent residency because of the gaps in their NI contributions during the required period to "return" what they "owe" to the state by the means of voluntary contributions?
You can usually only pay for gaps in your National Insurance record from the past 6 years.
I think this would suffice for many.

secret.simon
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Re: What in FT/PT job pays 4 Comprehensive Sickeness Insuran

Post by secret.simon » Tue Jan 12, 2016 5:14 am

Nothing pays for Comprehensive Sickness Insurance. EU Directive 2004/38/EC is very specific about when Comprehensive Sickness Insurance is required (exercising treaty rights as a student or self-sufficient person) and when it is not required (working either as employed or self-employed or seeking work).

Remember that nothing is paying for your Comprehensive Sickness Insurance when you are seeking work. The seeking work period must not exceed six months.

And remember that if the EEA citizen is not exercising the treaty rights listed in the Directive, technically they have no legal right to reside in the UK. That right is contingent on their exercise of treaty rights.

It could get funny if the Home Office starts declining EEA citizenship applications on the grounds of the EEA citizen being illegally in the UK due to not exercising treaty rights at any time in the past ten years.

As an aside, the DWP only considers you as working for the purposes of exercising treaty rights if you earn more than £153 a week, the threshold at which you start paying National Insurance. The Home Office has not adopted this interpretation and considers you working even if you are not paying National Insurance, so long as you have an NI number and are registered with HMRC as employed.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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