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EEA-FM sponsor student CSI

Posted: Thu Jun 16, 2016 9:04 pm
by jzsa
Hi we're applying for a residence card for my wife who's non-EEA based on me being a qualifying person (EU citizen), and she hopes to apply for permanent residence eventually. I have a question about Comprehensive Sickness Insurance.

I'm currently a PhD student, so our plan was to apply based on me being a qualifying person and get CSI. However, in a few months I'll be also working part-time alongside my studies. I assumed that the CSI would need to cover this period as the working will be part-time and therefore secondary to my studies (and the income I will receive will be secondary to my scholarship funding). Now I've just read somewhere on this forum that that might not be the case - can someone confirm if the CSI needs to cover the periods in which I'm working alongside my studies as well? This is in light of eventually applying for PR.

thank you!

Re: EEA-FM sponsor student CSI

Posted: Thu Jun 16, 2016 9:58 pm
by noajthan
jzsa wrote:Hi we're applying for a residence card for my wife who's non-EEA based on me being a qualifying person (EU citizen), and she hopes to apply for permanent residence eventually. I have a question about Comprehensive Sickness Insurance.

I'm currently a PhD student, so our plan was to apply based on me being a qualifying person and get CSI. However, in a few months I'll be also working part-time alongside my studies. I assumed that the CSI would need to cover this period as the working will be part-time and therefore secondary to my studies (and the income I will receive will be secondary to my scholarship funding). Now I've just read somewhere on this forum that that might not be the case - can someone confirm if the CSI needs to cover the periods in which I'm working alongside my studies as well? This is in light of eventually applying for PR.

thank you!
If the work is genuine and effective you would morph into a worker qualified person rather than a student.
No need for CSI as worker (tax payers are not deemed a burden on county's social assistance system as students evidently are).

But the risk is if your work is classed as supplementary and marginal then you revert back to being a student (who has no CSI).
And then you're snookered.

Be aware HO applies its MET/PET tests to determine who is a worker.
This goes way outside compliance with EU law but, apart from having a day in court, what can you do.

If risk-averse get CSI (for both of you). Its redundant as a worker but covers you as a student if your work is patchy (think of academic workload, preparation for viva & etc).

See HO guidance on these vital matters:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- note section on students, CSI & on asessing work(ers).

See more on PET.MET here:
https://www.freemovement.org.uk/using-m ... ne-worker/

Re: EEA-FM sponsor student CSI

Posted: Fri Jun 17, 2016 12:34 pm
by jzsa
noajthan wrote:
jzsa wrote:Hi we're applying for a residence card for my wife who's non-EEA based on me being a qualifying person (EU citizen), and she hopes to apply for permanent residence eventually. I have a question about Comprehensive Sickness Insurance.

I'm currently a PhD student, so our plan was to apply based on me being a qualifying person and get CSI. However, in a few months I'll be also working part-time alongside my studies. I assumed that the CSI would need to cover this period as the working will be part-time and therefore secondary to my studies (and the income I will receive will be secondary to my scholarship funding). Now I've just read somewhere on this forum that that might not be the case - can someone confirm if the CSI needs to cover the periods in which I'm working alongside my studies as well? This is in light of eventually applying for PR.

thank you!
If the work is genuine and effective you would morph into a worker qualified person rather than a student.
No need for CSI as worker (tax payers are not deemed a burden on county's social assistance system as students evidently are).

But the risk is if your work is classed as supplementary and marginal then you revert back to being a student (who has no CSI).
And then you're snookered.

Be aware HO applies its MET/PET tests to determine who is a worker.
This goes way outside compliance with EU law but, apart from having a day in court, what can you do.

If risk-averse get CSI (for both of you). Its redundant as a worker but covers you as a student if your work is patchy (think of academic workload, preparation for viva & etc).

See HO guidance on these vital matters:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- note section on students, CSI & on asessing work(ers).

See more on PET.MET here:
https://www.freemovement.org.uk/using-m ... ne-worker/
This is really useful, thank you so much! I'm thinking get the CSI at least for the next year or so when I'm still a student (regardless of employment) just to be on the safe side.

Re: EEA-FM sponsor student CSI

Posted: Fri Jun 17, 2016 12:55 pm
by noajthan
jzsa wrote:This is really useful, thank you so much! I'm thinking get the CSI at least for the next year or so when I'm still a student (regardless of employment) just to be on the safe side.
Probably safest option.
You don't want HO to dispute that you are a worker and find out your PR clock had stopped (which would impact both of you).

The CSI needs to cover both you and wife (ie all dependents).