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Period of self-sufficiency, no Health cover. Right to stay?

Posted: Sat Jan 28, 2017 1:28 pm
by Mimmsey
Hello,

I am an EU national applying for Proof of Permanent Residency. Timeline:
2007-2015 May: Full-time employed professional.

2015 June - September: Self-sufficient officially (in reality looking for work). ONE week in July registered as job-seeker, was offered a job a week in, so called them and stopped the registration and JobSeeker's allowance. Started that job in September.

2015 September - Present: Full-time employed professional.

That summer in 2015 I was self-sufficient for ca. 3.5 months, and I did not have a comprehensive medical insurance. I realise that strictly speaking, at the very least that should reset the clock on my application, and I would need to wait until 2020 to apply under the 5 year rule.

I thought, though, since it was a short time, I might try an application anyway. I am concerned that that requirement of comprehensive health insurance means that I am now not a legal immigrant anymore?
Even though I am now in full-time employment, officially I did break the rules (who knew??).

Do I run the risk of being issued a cease-and-desist response because of that? So far the UK is part of the free movement, but the EU treaty contains that clause of health insurance...

Thanks for any input or experience!

Kind Regards.

Re: Period of self-sufficiency, no Health cover. Right to st

Posted: Sat Jan 28, 2017 3:17 pm
by noajthan
As a worker since 2007 you have aced it and (probably) acquired PR in 2012.

As long as no subsequent prolonged absences you will still be settled.

And having acquired PR no need to exercise treaty rights anymore (since 2012) so no need for CSI at any time either.

So it turns out you are legally present and legally resident in UK after all.

Re: Period of self-sufficiency, no Health cover. Right to st

Posted: Sat Jan 28, 2017 5:44 pm
by Mimmsey
Thank you for that reply! Now there's a thought - that hadn't actually occurred to me.

I will give this my best shot and make sure to come back and report outcome when I find that out.

Re: Period of self-sufficiency, no Health cover. Right to st

Posted: Sat Jan 28, 2017 5:57 pm
by noajthan
Mimmsey wrote:Thank you for that reply! Now there's a thought - that hadn't actually occurred to me.

I will give this my best shot and make sure to come back and report outcome when I find that
out.
Its unclear why so many people think its all about the 'last 5 years'. Usually or often it is not.

You will ofcourse need rock-solid evidence to back your case.
Good luck.

Re: Period of self-sufficiency, no Health cover. Right to st

Posted: Wed Feb 08, 2017 1:03 pm
by tmonaghan
You get PR after spending 5 continuous years in the UK as an automatic right. You don't even have to apply for PR since you already have acquired it for having spent so many years working in the UK.