General discussion on CSI and Settled Status. Big issues for people on the EEA-Applications Routes

[Alice109]

Would you mind showing me where you have read all those things on the Good Character requirement about EEA citizens? Please copy and paste and indicate the page of the guide thank you

[AnotherUUID]

Good character: nationality policy guidance (2 October 2020), section "Immigration related issues".

People who are entitled to reside in the UK under the EEA Regulations 2016 do not require leave to enter or remain.

In assessing whether a person has complied with immigration requirements over the previous 10 years, you must take into account whether they were subject to the EEA Regulations 2016 or the Immigration Act 1971 and whether they complied with the relevant requirements.
...

Comprehensive Sickness Insurance (CSI) is a legal requirement for EEA and Swiss students, self-sufficient persons and their family members who are residing in the UK with them.

If a person did not have CSI, you must consider why they did not have it. Where a person has been granted ILR under the EUSS but has been in breach of the EEA Regulations 2016 due to a lack of CSI you must consider whether it is appropriate to exercise discretion in their favour.
...

The subsection on CSI is not a subsection of that for EUSS applicants, it applies to all. The highlighted sentence above regarding the consideration of why an applicant did not have CSI also applies to all, not just EUSS applicants. The clarification re EUSS and discretion follows after.

You can also look up the exact "immigration laws" regarding EEA nationals and their family members under the Immigration (European Economic Area) Regulations 2016 - this hasn't changed.

[AnotherUUID]

2 October 2020

Sorry, this was meant to read 30 September 2020 - I instead typed the date from the web page, not the one from the document.

[Alice109]

Excuse mee but that doesn't say what you said
In assessing whether a person has complied with immigration requirements over the previous 10 years, you must take into account whether they were subject to the EEA Regulations 2016 or the Immigration Act 1971 and whether they complied with the relevant requirements.
This doesn't mean 'when' it mean is this person a EEA citizen? or maybe who knows an NON EEA spouse of the EEA citizen? Was this person exercising EEA rights ?
If a person did not have CSI, you must consider why they did not have it. Where a person has been granted ILR under the EUSS but has been in breach of the EEA Regulations 2016 due to a lack of CSI you must consider whether it is appropriate to exercise discretion in their favour.
this doesn't mean 10 years CSI this mean you need to have CSI if you are not financially active in any of the 5 years residency under the EU regulations
Anyway...

[Alice109]

Good character: nationality policy guidance (2 October 2020), section "Immigration related issues".

People who are entitled to reside in the UK under the EEA Regulations 2016 do not require leave to enter or remain.

In assessing whether a person has complied with immigration requirements over the previous 10 years, you must take into account whether they were subject to the EEA Regulations 2016 or the Immigration Act 1971 and whether they complied with the relevant requirements.
...

Comprehensive Sickness Insurance (CSI) is a legal requirement for EEA and Swiss students, self-sufficient persons and their family members who are residing in the UK with them.

If a person did not have CSI, you must consider why they did not have it. Where a person has been granted ILR under the EUSS but has been in breach of the EEA Regulations 2016 due to a lack of CSI you must consider whether it is appropriate to exercise discretion in their favour.
...

This mean to make sure the person is EEA and he was actually exercising treaty rights and check if they have a PR or can prove permanent residence
The second doesn't mean 10 years CSI!
It doesn't actually say what you said

[AnotherUUID]

you need to have CSI if you are not financially active

This is obvious to everyone as CSI only applies for periods spent as student or self-sufficient. It really needs no explicit mention! Obviously if the applicant has been employed for the entire duration of their stay prior to being settled they will have no need to prove they held valid CSI. I did not mention this as it's plain obvious, though I always very clearly stated "where applicable" for this very reason.

... This doesn't mean 'when' ...

The second doesn't mean 10 years CSI!

... this doesn't mean 10 years CSI ...

Have you even read the GCR guidance at all? Let me remind you:

An application will normally be refused if, within the previous 10 years (before the date of decision), the person has not complied with immigration requirements, including having:

• failed to comply with (breached) conditions imposed under the Immigration Acts, for example:
  • accessed public funds when prohibited from doing so
  • worked in the UK without permission to do so
  • studied in the UK in contravention of any restrictions on studying
  • failed, without reasonable excuse, to report when required to do so
• remained in the UK after their leave, including when leave extended by virtue of section 3C or 3D of the Immigration Act 1971 has expired. See: Overstaying
• failed to comply with the requirements of the EEA Regulations 2016

You do realise that the CSI requirement (for periods spent as a student or self-sufficient) is part of the EEA Regulations Act 2016 that I previously pointed you to, right?

This last bullet point was also added as part of the new update on GCR guidance and was not present in the previous version from 14 January 2019 (page 46).

So yes, one should be at least somewhat concerned if they had periods spent as student or self-employed without CSI and wish to rely on the use of discretion on part of the caseworker! If an applicant has not had any periods of being a student or self-sufficient in the last up to 10y prior to their application, this update obviously does not affect them!

I'm not going to argue further on this matter as I fail to see how you justify your points. Like everybody else here, you are welcome to make whatever conclusions you wish.

[Alice109]

EEA citizens do not require visa that is for non EEA

[AnotherUUID]

EEA citizens do not require visa that is for non EEA

No. The above also includes EU/EEA citizens!

The fact that EEA citizens do not need a visa as a result of EU Freedom of Movement, along with other privileges they enjoy, does not mean they are not subject to immigration rules! These rules as well as the freedoms enjoyed by EEA citizens are defined in the EEA Regulations Act! This act is, in fact, specifically for EEA citizens and their family members!

[Alice109]

EEA citizens do not require visa that is for non EEA

No. The above also includes EU/EEA citizens!

The fact that EEA citizens do not need a visa as a result of EU Freedom of Movement, along with other privileges they enjoy, does not mean they are not subject to immigration rules! These rules as well as the freedoms enjoyed by EEA citizens are defined in the EEA Regulations Act! This act is, in fact, specifically for EEA citizens and their family members!

this is the last, it says
WITHIN the previous 10 year
ailed to comply with the requirements of the EEA Regulations 2016 = you need to start exercising treaty rights, there's no visa, no passport stamps, no overstaying, never unlawful staying
it's my last you need to read those documents word by word that's why we are all shattered

[dogcat]

Well, I, for one, have read the policy guidance and other documents pertaining to a topic of naturalisation 'word by word' ( as generally, that's how the process of reading works ) a good fews times now.


Breach of immigration 'laws' causes the residence to be unlawful.

Shocking as it may be but it is possible for EEA citizens to break immigration laws (and many do) therefore, such thing as 'unlawful residence' when it comes to EEA citizens does exist.
Non exercising treaty rights (if /when required to do so )= 'unlawful staying ' as you put it.

[918]

Hi, I would wonder to hear if you met with any application for naturalisation through settled status being rejected due to lack of CSI in the case when the applicant was a student or self-sufficient person. We are all scared now, but to be honest, does it really happen? I read a number of recent stories from Q2 and Q3 of 2020 and in most cases, discretion was applied.

[alterhase58]

Hi, I would wonder to hear if you met with any application for naturalisation through settled status being rejected due to lack of CSI in the case when the applicant was a student or self-sufficient person. We are all scared now, but to be honest, does it really happen? I read a number of recent stories from Q2 and Q3 of 2020 and in most cases, discretion was applied.

So far we haven't seen any reports of applications rejected due to CSI issues. As you point out this is a subject where it appears discretion is being applied - as per caseworker guidance issued.

[hazemA]

out of interest how long do you need to be out of work for to require csi? for example if you started work with one company between july and december went travelling for 2 months and then resumed work with another company between February and may. did you need csi for that year as an EEA national even though the time off work was spent outside the uk... I can't find any information online about timings for this

[dogcat]

It's usually 6 months (but you'd probably have to be exercising TR in a capacity of a jobseeker)
Ohh and CSI isn't required for time spent not in the UK.

[Alena004]

Hey guys,
please can I have your opinion, I keep reading those answers and I'm still not sure I understand this fully.

I moved to UK in 2006, was studying and self employed till 2012. I have paid NI contributions during this time.

From 2012 till 2014 I was self sufficient, I was in durable relationship and only paid for the health insurance in the Czech Republic, as I always used to prefer going back home to have medical checks there, or I went to private doctor in the UK, I have not used NHS during this time.

I have been employed from 2014 till last month when I was made redundant.

I have been given ILR in April 2019.

I have got a few questions and I will appreciate if you know the answers:

I wanna apply for BC, I wonder what would be the best thing to write as a reason for not paying CSI?

Im thinking to say that I was paying insurance in the Czech Republic as I didnt want to burden healthcare in the UK.. and when I needed health care I went private.
Does that sound reasonable?

I can see that HO can apply discretion, do you think that as I have worked and paid taxes etc 5 years prior and 6 years after being self sufficient, they would be happy with just that?

I am planning to submit my BC online, will I have to send off supporting documents or just scan them over? I am worried to send my UNI diploma in a post in case it goes missing.

Also as I am now without a job, and I am thinking to be "self sufficient"again until I find another job, do I have to pay CSI? Or am I exempted as I have the settled status?

Do you have to pay CSI when on JSA and does that affect your BC application? Have any of you been on JSA? I wonder how much of evidence do they require to proof you are looking for a job.

Lastly can you travel after you have submitted application for the BC? I have already spent 90 days outside of the UK in last 12 months.

Apologies for having so many questions. I hope you can help me clear my head.
Thank you

[CR001]

Hey guys,
please can I have your opinion, I keep reading those answers and I'm still not sure I understand this fully.

I moved to UK in 2006, was studying and self employed till 2012. I have paid NI contributions during this time.

From 2012 till 2014 I was self sufficient, I was in durable relationship and only paid for the health insurance in the Czech Republic, as I always used to prefer going back home to have medical checks there, or I went to private doctor in the UK, I have not used NHS during this time.

I have been employed from 2014 till last month when I was made redundant.

I have been given ILR in April 2019.

I have got a few questions and I will appreciate if you know the answers:

I wanna apply for BC, I wonder what would be the best thing to write as a reason for not paying CSI?

Im thinking to say that I was paying insurance in the Czech Republic as I didnt want to burden healthcare in the UK.. and when I needed health care I went private.
Does that sound reasonable?

I can see that HO can apply discretion, do you think that as I have worked and paid taxes etc 5 years prior and 6 years after being self sufficient, they would be happy with just that?

I am planning to submit my BC online, will I have to send off supporting documents or just scan them over? I am worried to send my UNI diploma in a post in case it goes missing.

Also as I am now without a job, and I am thinking to be "self sufficient"again until I find another job, do I have to pay CSI? Or am I exempted as I have the settled status?

Do you have to pay CSI when on JSA and does that affect your BC application? Have any of you been on JSA? I wonder how much of evidence do they require to proof you are looking for a job.

Lastly can you travel after you have submitted application for the BC? I have already spent 90 days outside of the UK in last 12 months.

Apologies for having so many questions. I hope you can help me clear my head.
Thank you

This is NOT the correct topic or sub forum for British citizenship questions!!!!

british-citizenship/

[Igy]

Hi everyone,
naturalisation after settled status here.
Very confused about this CSI.
I am uploading all my documents and I am waiting to have my appointment with UKVCAS in mid december.
Do emails that prove that I was being interviewed for a job and looking for work after University and before having employement are enough to show I was looking for work? ( and therefore I am covered by national insurance?)
I a need to cover around 15 days of time.
Thank you very much in advance!

[dogcat]

If its only 15 days, then I'd say that's not to worry about.
CSI becomes relevant if we're talking months, or more like half a year.

[Igy]

If its only 15 days, then I'd say that's not to worry about.
CSI becomes relevant if we're talking months, or more like half a year.

Cheers dogcat!
I have also an EHIC from UK and from my Country too for my University period.
I'll put everything in my application but some documents are not in English.
Fingers crossed, I think this is a very weird loophole and I have no clue how they'll judge this.

[CULLINAN]

https://www.freemovement.org.uk/bye-bye ... ance-rule/

Credits: User @Dier

[euscape1]

https://www.freemovement.org.uk/bye-bye ... ance-rule/

Credits: User @Dier

Some respite here...Thank you @Cullinan.The information is helpful.

[Dier]

@ Cullinan

Thank you for the credit. Could you please give your opinion on what points from the article should one include in a cover letter regarding CSI?

https://www.freemovement.org.uk/bye-bye ... ance-rule/

[Alena004]

Guys please help

I am ready to submit my application, do you think this should be ok to explain why I havent paid for CSI??
Im so worried to pay all that money and be declined.


I have been Self sufficient/housewife between April
2012 - June 2014. During that time I have paid
European Health Insurance in the Czech Republic
and I only saw private doctors in the UK, I did not
use NHS during that time. I was not aware that I
needed to pay Comprehensive Sickenss Insurance
during this period. It was not advertised to me and I
would have paid if I have known.

Thank you.....

[alterhase58]

Guys please help

I am ready to submit my application, do you think this should be ok to explain why I havent paid for CSI??
Im so worried to pay all that money and be declined.


I have been Self sufficient/housewife between April
2012 - June 2014. During that time I have paid
European Health Insurance in the Czech Republic
and I only saw private doctors in the UK, I did not
use NHS during that time. I was not aware that I
needed to pay Comprehensive Sickenss Insurance
during this period. It was not advertised to me and I
would have paid if I have known.

Thank you.....

First of all, so far there have been no reports from members here that they were refused due to CSI issues. On the other hand members with CSI issues here and elsewhere have reported being approved. There simply isn't the evidence available so far that applicants have been refused and how widespread or not it might be.

A Government Immigration Minister stated, in a letter to the3million pressure group, that he is not aware that applicants have been refused merely on the basis of missing CSI. Clearly it's not a statement in law.

The decision to apply is of course yours. If you decide to apply you should certainly fully explain your situation and provide copies of your insurance arrangements at the time.

[Alena004]

Guys please help

I am ready to submit my application, do you think this should be ok to explain why I havent paid for CSI??
Im so worried to pay all that money and be declined.


I have been Self sufficient/housewife between April
2012 - June 2014. During that time I have paid
European Health Insurance in the Czech Republic
and I only saw private doctors in the UK, I did not
use NHS during that time. I was not aware that I
needed to pay Comprehensive Sickenss Insurance
during this period. It was not advertised to me and I
would have paid if I have known.

Thank you.....

First of all, so far there have been no reports from members here that they were refused due to CSI issues. On the other hand members with CSI issues here and elsewhere have reported being approved. There simply isn't the evidence available so far that applicants have been refused and how widespread or not it might be.

A Government Immigration Minister stated, in a letter to the3million pressure group, that he is not aware that applicants have been refused merely on the basis of missing CSI. Clearly it's not a statement in law.

The decision to apply is of course yours. If you decide to apply you should certainly fully explain your situation and provide copies of your insurance arrangements at the time.

Thank you for your reply! I will submit my application and post my progress on here.