EEA National, CSI and naturalization

[man1mal]

Dear All

I have just passed my life in the UK test and in the final steps of filling in my application, but I just realized something may be amiss.

I am an Italian citizen. I moved to the UK in September 2002, for a 4 year course, I then worked for a year, and then in 2007, did another 3 year bachelor at University. I have been working in the UK ever since.

Am I right to believe that without CSI, the four, and three years of my undergraduate studies DO NOT count as exercising treaty rights?

Would the single year (2006-2007) plus the 5 years of work since my graduation in 2010 be enough or do I need to wait another year to apply for naturalization?

Any light on the matter would be much appreciated.

cheers

M

[secret.simon]

You need five continuous years of exercising treaty rights to get PR status. So, only the five years of work after 2010 count.

So, you will have got PR status only in 2015. You can apply for citizenship in a year's time (unless you are married to a British citizen).

[noajthan]

Dear All

I have just passed my life in the UK test and in the final steps of filling in my application, but I just realized something may be amiss.

I am an Italian citizen. I moved to the UK in September 2002, for a 4 year course, I then worked for a year, and then in 2007, did another 3 year bachelor at University. I have been working in the UK ever since.

Am I right to believe that without CSI, the four, and three years of my undergraduate studies DO NOT count as exercising treaty rights?

Would the single year (2006-2007) plus the 5 years of work since my graduation in 2010 be enough or do I need to wait another year to apply for naturalization?

Any light on the matter would be much appreciated.

cheers

M

Did you have a valid Italian EHIC card at time of studying?
That may prove an acceptable alternative to full CSI policy.

And did you have RC whilst studying as I remember some transitional arrangements put in place when HO started enforcing the CSI requirement.
May be worth digging into.

Failing all the above your PR clock will have only started in 2010.

[noajthan]

Regarding CSI - transitional arrangements for students.
Does this help your case?

Se:

... guidance on handling applications for permanent residence documentation from
European Economic Area (EEA) nationals and their family members where the relevant
EEA national was issued with a registration certificate as a student before 20 June 2011
without being asked to provide evidence of comprehensive sickness insurance.

Ref: https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 42

See: http://webarchive.nationalarchives.gov. ... apter6.pdf
- page 16

See also:
https://www.whatdotheyknow.com/request/ ... issued.pdf
- ref para. 13

The key question is: did you obtain a RC as a student before 20 June 2011 (without being asked to provide evidence of comprehensive sickness insurance):?:

If so, bingo
- no need to provide evidence of CSI for a confirmation of PR application.

If you can count your period of study as valid in terms of exercising treaty rights then you may have acquired PR already.

Good luck.

[man1mal]

Hey guys

Thanks for your replies.

I actually phoned the home office to ask for clarification and they said that since I had been in country for 9 years before the regulation started being enforced I would be considered to be exercising treaty rights. When I started Uni in 2002, there was no requirement for CSI for European students, so I effectively got PR in 2008

Thanks

marco

[man1mal]

Regarding CSI - transitional arrangements for students.
Does this help your case?

Se:

... guidance on handling applications for permanent residence documentation from
European Economic Area (EEA) nationals and their family members where the relevant
EEA national was issued with a registration certificate as a student before 20 June 2011
without being asked to provide evidence of comprehensive sickness insurance.

Ref: https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 42

See: http://webarchive.nationalarchives.gov. ... apter6.pdf
- page 16

See also:
https://www.whatdotheyknow.com/request/ ... issued.pdf
- ref para. 13

The key question is: did you obtain a RC as a student before 20 June 2011 (without being asked to provide evidence of comprehensive sickness insurance):?:

If so, bingo
- no need to provide evidence of CSI for a confirmation of PR application.

If you can count your period of study as valid in terms of exercising treaty rights then you may have acquired PR already.

Good luck.

Thanks for your reply, I see what you mean, but at the time I did not obtain an official RC from the UKBA as I was not made aware I needed one. If anything I remember phoning the HO at the time and they told I didnt need to do anything. I think I may need to do more digging into it.

[noajthan]

Hey guys

Thanks for your replies.

I actually phoned the home office to ask for clarification and they said that since I had been in country for 9 years before the regulation started being enforced I would be considered to be exercising treaty rights. When I started Uni in 2002, there was no requirement for CSI for European students, so I effectively got PR in 2008

Thanks

marco

+1

Useful to know.
Sounds like they kind of applied the old rules or transitional arrangements in your case.

It would be good if you can get that assertion in writing just to be sure.
Or else suggest applying for a confirmation of PR card.

Alternately, if you believe the latest HO reassurance on your PR, then, as you have been free of immigration time restrictions by having settled status (PR) for more than 12 months, you can clearly shoot for citizenship;
(assuming all other requirements for naturalisation have been met).

[man1mal]

I sense from your reply that I should treat my phone call to the HO with a pinch of salt. As I am new to this, should I take what the HO workers say with care? i.e. could I have been told fibs?

Marco

[man1mal]

Just for information for everyone

The first person I spoke to at HO either didnt know what he was talking about or I did not explain myself fully.

I do have to wait another 12 months to apply for naturalization as every time spent as a student in this country should be done with CSI which I did not do.

Onwards and upwards

marco

[noajthan]

I sense from your reply that I should treat my phone call to the HO with a pinch of salt. As I am new to this, should I take what the HO workers say with care? i.e. could I have been told fibs?

Marco

I do not believe the advisers would be deliberately misleading but, as repeatedly reported in the forum (& in my direct experience too), HO helpline is known for not being reliable.

[noajthan]

Just for information for everyone

The first person I spoke to at HO either didnt know what he was talking about or I did not explain myself fully.

I do have to wait another 12 months to apply for naturalization as every time spent as a student in this country should be done with CSI which I did not do.

Onwards and upwards

marco

I am afraid that is the case if you cannot discover you either:
a) held a bunch of EHIC cards for relevant period
or
b) had an RC issued before the cutoff date for the above-mentioned transitional arrangement

It's not the end of the world, you are likely to have automatically acquired PR sometime around now; that is settled status.
Settled status can only (usually) be lost if absent from UK for 2 years (& you no longer have to exercise treaty rights).

If you wish you could apply for a confirmation of PR card.
Having a PR card could also help simplify the documentary evidence required to be submitted once you can apply for the privilege of citizenship, sometime next year.

You will have to remain free of immigration time restrictions for 12 months unless you do something drastic & marry a BC (which removes the need to have settled status for 12 months before applying to naturalise).

Best of luck.

[Olga7]

Dear all,
This forum is a bless, and thanks in advance for any advise. My case is a bit special.
- My mother is italian and 76, she has been living in my home since she arrived here 8 years ago. She applied for naturalization in May 2015. The Checking Documents services did not mentioned the CSI, so we did not know anything about this requisite. She never have had any medical insurance but she hardly ever have had to visit the GP because fortunately she is very healthy.
She has italian nationality because her father was italian, but she never reside in Italy.
- I am British since 2012 and I have been in this country working from 2006 with one year gap in 2011 and other gap in this year since March. I do not qualify for job allowance or any benefit because I have savings.
- HO gave us 10 days to prove she is covered by CSI
- I have read that as a European citizen she may not need CSI if a family member is also European and works full time. I wonder if this could apply to my mother, although she applied as a retired person and she is trying to proof that she has her own income which is a bit less than 150 a week.
- I am her only daughter and close relative, that is why I want her to stay here with me.
I will realy appreciate any guidance.