Question Re. Permanent Residence / EEA3 Student (CSI)

[Crystal_Sky]

Hi all,
I have a question regarding making an EEA3 application and I would appreciate your advice. I am an EU national who came here in Oct 2007 as a Masters student, then in 2009 I started PhD which I finished just a month ago. Hence I was student from 2007 to 2012, albeit in three courses.

In 2010 I sought part-time employment to supplement my income, but the company only hired me on the condition that I produce a blue card registration certificate. I obtained this from UKBA on the basis of being a student, and it's dated 15 Dec 2010.

Now I am seeking to obtain a Permanent Residence as student. However, I have become aware that since 2011 the proof of comprehensive insurance is required for PR. I do not have this as this was not a requirement at the time (I just had usual insurance back in my home country and used the NHS when I got a cold!). To be honest, I only found out about this when I looked into PR forms!

What do you think about my case? Can I apply for a PR based on the transitional arrangement? According to the UKBA chap 6 Annex B point 2 one cannot be denied residence if the 'UKBA issued a registration certificate to the applicant on the basis of their residence in the UK as a student before 20th June 2011'.

This seems to be my case but I am worried as I saw no mention of this in the actual EEA3, where it simply states you must produce a CSI if you apply for a treaty right as student, without mentioning the transational agreement. What do you think? Has anyone been in my kind of situation and has she/he been accepted or rejected? Also, do I need to present CSI for the period Jun 2011 to Dec 2012?

Sorry for the length of this. I can't really afford a solicitor right now (just finished my student years), so any advice would be deeply appreciated! Thanx a million

[Obie]

I believe the ECHI you had should suffice, as you were studing, so it would have been considered a residence of a Temporary nature, as opposed to residng in the UK for an indefinite period as a Self Sufficient Person.

Further more you were issued with a Blue Certificate which confirmed the lawful nature of your residence. Those part time employment are lawful, and would be taken into consideration also.

[Jambo]

Unknowingly, fulfilling the employer requirement has probably secured you your PR. The transitional arrangements are not mentioned in the form but are part of the caseworker instructions. You will enjoy from the arrangement and you would be exempted from the CSI requirement for the entire period. You can make the caseworker aware of your circumstances in a cover letter.

[Crystal_Sky]

thanks Obie & Jambo for your replies. I will put the file together and try my luck - hopefully it will work.

[murdoc_07]

I was wondering what happened finally with this case? Have you got your permanent residency?