EEA Exercising Treaty Rights as a worker vs student???

[Chabs]

Hello,

I would like to get some help/advice regarding my future UK Naturalisation application - especially regarding exercising treaty rights as an EEA/A8 worker since 2008.

1. 2008 - 2011: I worked full time as a nursing assistant in the NHS (Completed the 12-month period under the Worker Registration Scheme)

2. 2011 - 2013: I undertook an accelerated NHS Nursing course with registration to practice. During these 2 years I was receiving full NHS bursary each month. As an ordinary resident (someone who lived+worked in the UK for more than 3 years) I was entitled to free NHS services as any UK citizen therefore I did not (need to) have any comprehensive sickness insurance according to my uni, GP, Department of Health and NHS Business Authorities. Also during my second year of nurse training I was working part-time as a nursing assistant - which qualifies me to be a worker.

3. 2013 - until present: I work as a qualified+registered nurse still in the NHS

My specific questions would be regarding the period during my nurse training:

1. During my nurse training years (especially the first year 2011-2012 when I had not started working as a part-time assistant) did I exercise my Treaty Rights as a WORKER or as a STUDENT??? According to Immigration, Asylum and Nationality Act 2006 "If an EEA national temporarily ceases employment, they can still be considered a qualified person as a worker under the following circumstances: They have voluntarily stopped working and started on vocational training related to their previous employment."
Also according to the Home Office Naturalisation Booklet AN "Categories of EEA and Swiss Nationals who may have the right to reside permanently in the UK are Workers – this includes: Those undergoing training in their own or another field" - which I did ( I was an NHS worker then did NHS training related to my previous job then remained an NHS worker).

2. If I do qualify / exercised my treaty rights as a WORKER during my nurse training year (2011-2012) would I still need to have proof of comprehensive sickness insurance? In other words: If in reality I was undergoing a vocational training as a nurse trainee at a uni + hospital placements but I am treated as someone who remained exercising his/her treaty rights as a WORKER would a worker still need to have a comprehensive sickness insurance??? To me this is a very grey area in legal and immigration terms. Is it clear-cut or do I need a solicitor to clear this grey area for me?

3. Could I submit my application now with good chances of being successful or not?

Million thanks for your help and response in advance.

[TJW]

Hi,
I am pretty much in the same situation (except I did not yet apply for my PR).

I have been in the UK since 2006, never worked in Healthcare but was accepted at a university to study nursing (2010 - 2013) Just like yourself I did not take out any CSI (in fact, I only heard about it 3 days ago when I read the new PR form) and have been working as Nurse since April 2013 (permanent first, now agency).

Did you try and contact the university you were at? If yes, what did they say?

I've sent them an email asking for clarification as to why we were not asked/did not need CSI and I hope they will help to clarify the matter.

In addition, I've been accepted on a 2-year-course at another uni (starting in September this year) and was given word that all documentation, etc. is complete (except Occupational Health clearance ...) ... NOT A WORD ABOUT CSI !!!!!!

I'll keep you posted.

TJW

[rosebead]

The free movement Directive does not mention a maximum length of time for how long a vocational course should be. In theory it looks like you have kept worker status as you voluntarily left your job to go straight into vocational training that was related to your previous job. Worker status means you do not need CSI. I suppose you can try your luck and argue the Directive in court if it becomes necessary.