Family member PR refused claiming I did not have CSI

[makgosi]

Hi, I'd be really grateful if someone could help me with my problem. I am a Polish national married to a South African, we've lived in england for 7 years. His Residence Card expired so we applied for permanent residence. The application was returned because I didn't provide comprehensive medical insurance for the time when i was a student (here in England). The thing is, during the 3 years I was at uni, I was also working part time, so I don't see why I should have comprehensive medical insurance. Can anyone please help?

[Obie]

Provided you held a WRS certificate whiles you were working, that should be fine.

Alternatively, did you hold European medical insurance?

[Jambo]

If you provided evidence of employment, CSI is not required and they made a mistake. Did you state in the form that you exercised treaty rights as a student for those years? Or did you state both student and worker? Just apply again and make sure it is clear you exercised treaty rights as a worker during those years (assuming it was more than just 1-2 hours a week job).

[makgosi]

If you provided evidence of employment, CSI is not required and they made a mistake. Did you state in the form that you exercised treaty rights as a student for those years? Or did you state both student and worker? Just apply again and make sure it is clear you exercised treaty rights as a worker during those years (assuming it was more than just 1-2 hours a week job).

I stated both student and worker. If I reapply, should I state student or just go with a worker? And is it gonna be fine I worked 8 hours per week?

[Englandd]

Just tick on worker and attaching a covering letter explaining the same can also make it more clearer although it will be optional.

[Directive/2004/38/EC]

If you provided evidence of employment, CSI is not required and they made a mistake. Did you state in the form that you exercised treaty rights as a student for those years? Or did you state both student and worker? Just apply again and make sure it is clear you exercised treaty rights as a worker during those years (assuming it was more than just 1-2 hours a week job).

I stated both student and worker. If I reapply, should I state student or just go with a worker? And is it gonna be fine I worked 8 hours per week?

This sounds fine. You could reapply. Or you can just appeal. Appealing might be faster.

[Jambo]

Can you confirm that you registered with WRS (this was not required by students but was required by workers from Poland for the their first 12 months of employment in the UK). Without it, your time as a worker would not be recognised.

[Obie]

Can you confirm that you registered with WRS (this was not required by students but was required by workers from Poland for the their first 12 months of employment in the UK). Without it, your time as a worker would not be recognised.

That is the key question.

There are two ways the argument can go. The HO will argue that if she was a Student within the meaning of EU law, then she needed a CSI, even if by virtue of that status, she is allowed to work in the UK for a 20 hrs period without the need to meet any formalities, like in the case of A2 national. However they will say that that right to work will depend on her meeting the condition as a student, which require her to hold a CSI.

It could also be argued that the CSI requirements was only in the passed few years enforced, and that people were receiving Registeration certificate without it, and that it will be wrong for EU citizens to be disadvantaged because of it, provided OP can show she was self sufficient in other respects, and was not living under the public purse.

I also believe that it will be wrong under the discrimination rules in EU law, to give student from outside the EU right to work for 20 hrs and then refuse it, or impose condition for EU citizens, therefore HO will not be able to say her right to work was outrightly illegal, because she did not hold a WRS. Therefore as part of sufficient resource, she can depend on the employment she undertook.

However if OP had WRS, then the HO will have little or no room for manouvre.

[Directive/2004/38/EC]

Obie, that sounds like a very complicated argument for UKBA to pull off. I doubt it would fly.

[Obie]

Obie, that sounds like a very complicated argument for UKBA to pull off. I doubt it would fly.

Well you will be very surprised how much desperate stuff UKBA comes up with at times at the tribunal, and how some judges readily accepts them with an open hands.

It may be worth while spending a day at First Tier Tribunal, if you are in London or any part of the UK, to see how these proceedings are conducted.

Sometime it is difficult to distinguish between a Judge and the Respondent in these proceedings.

However depending on the circumstance, the OP's case might have some strong merits, but without the WRS or CSI, the case may be a bit complex.

[Englandd]

In either options A8 countries nationals will be treated in accordance the rules exist/prevail during that specific time for example for workers need to be registered with wrs (2004-2011) and students need to have csi during the time when it become the requirement. We cannot mix up this issue specially student one with A2 nationals/ general rules for international students.