British citizenship if you are an EU citizen

[heath0101]

So confused regarding a few things! Assistance would be more than welcome. It is around two main points, and a new one I discovered tonight (point 3) which has me quite nervous.

1. The website says that if you are married to a British citizen, your residence requirement goes down from 5 to 3 years. However, it still has a bit about EEA permanent residency taking five years. It doesn't say you need to be a permanent resident to apply on that page though, just to meet the residency requirement of 3 years. So - as an EU citizen, can I apply after 3, is the spouse section irrelevant on that page and it is always 5 for EEA citizens?

2. The requirements say you can't be gone for longer than 6 months in a year if you are EEA. I was working away for a few months (more than 6), but came back pretty much every weekend - I need to literally count the days now to see if that crossed six months, however, given that it crossed a calendar year (ie late 11-early 12), is it just poor wording on part of the website or does this mean that I am? It says "in any one of the five years of the residence period" and I was only gone for a few month in 11, and then a few months in 12 - so in the actual calendar years, it was never six in either.

3. For a lot of my stay in the UK, I have been self-sufficient - and am about to go back into university. I can prove I was here with bank accounts and all that, so none of this is a problem, but only now have I become aware that apparently you cannot use the NHS if you are self sufficient/student? They registered me without any problem whatsoever and I had no idea. Would this impact my citizenship application - ie do I need to start from 0 in terms of my qualifying period getting private health insurance now when I can use the NHS anyway, or would it be enough to have such health cover (or be employed of course, as I was for part of the time) at the time of the application?

My EHIC card expired about a year ago, when I was working, and I only recently stopped working to go back into university, so I guess maybe I'd be ok - EHIC until mid 2012, insurance now>until I start working again next year, with only a couple months' gap? Or?

Thanks!

[boloney]

You can't use spouse of BC patch unless you had relevant visa and applied for IRL. If you would like to use EU route you will have to complete 5 years to get PR. You will be able to skip 12 months requirement after PR. So your recidence requirement will be 5 years instead of 6.
As your case is not straightforward I would apply for PR confirmation using EEA3 form. You will have to supply non UK EHIC cards covering five years period.

[heath0101]

Thanks - ok, so that is point 1 cleared then. What about this health insurance debacle? And any thoughts on the six months/calendar year thing? (Which may be irrelevant if I have to start my 5 year countdown due to the health insurance issue...)

Edit: so are non-UK EHICs good enough then? For when I am back in uni now, should I be applying for private health insurance? I am guessing a couple months without anything won't make much of a difference - I hope.

[nickg]

Regarding your point 2 - it's definitely five calendar years (although the form says three, if you're married to a British citizen)

My EU citizen wife applied 2 weeks ago via NCS, and we made the point of certain things on the form are ambiguous, her reply was "Yes, everyone says that"

I personally think that with more and more EU citizens applying for BC, there should be a separate form, just for clarity.

[heath0101]

Hi Nick,
Thanks - definitely good to get clarify on that point. I guess the only thing left in terms of clarity is if this six month requirement is per calendar year or not - as, if the six months is 'reset' on 1 January, then I am fine, whereas I may (or not be) fine if it is continuous and can cross the 1 January marker.

Am currently counting down every single day I was away during those few months working abroad to see if it is six months total or not haha.

[nickg]

It is definitely per calendar year, and from what you've written your fine.

[heath0101]

Awesome. So just the health insurance issue left then.

While I was working abroad, even though it was only for a few months, I got an EHIC card from that country, which on the card itself, is still valid. And before that, I had an EHIC my citizenship EU country, which covered me until the other non-UK one started.

Thus purely date-wise I'd be totally covered and not have to restart my five years as of whenever I get private health cover. Whether these EHIC cards would actually be accepted by those countries after the NHS bills them, I don't know, and obviously haven't tested them as I haven't ever been ill and needed to try. (I guess the NHS would not care either anyway, as the other countries would have then just billed me if they didn't accept them).

Is that good enough for the UKBA? Submitting the originals of these two EHICs?

[boloney]

Awesome. So just the health insurance issue left then.

While I was working abroad, even though it was only for a few months, I got an EHIC card from that country, which on the card itself, is still valid. And before that, I had an EHIC my citizenship EU country, which covered me until the other non-UK one started.

Thus purely date-wise I'd be totally covered and not have to restart my five years as of whenever I get private health cover. Whether these EHIC cards would actually be accepted by those countries after the NHS bills them, I don't know, and obviously haven't tested them as I haven't ever been ill and needed to try. (I guess the NHS would not care either anyway, as the other countries would have then just billed me if they didn't accept them).

Is that good enough for the UKBA? Submitting the originals of these two EHICs?

if you have 5 years worth of non UK EHIC cards you should be fine, but I would test it anyway by sending EEA3 app for PR confirmation. It will cost you £55 and few months delay but there will be no risk of over £800 fee.

[Jambo]

It is definitely per calendar year, and from what you've written your fine.

No it's not. It's per residence years, not calendar years. You could be creative as to when your 5 years started. Also note that you are allowed to have one absence of 12 months in case of important reason such as posting abroad.

[heath0101]

If it is per residence year then I think I am still ok, so that's fine hopefully.

Re the health care thing, if they decline the EHIC cards as proof of health cover, does that mean I'll also get a bill through for my few NHS appointments when I was a student?

Quite a crazy requirement to be honest, given that both the NHS and universities help you to register at the NHS as a student, even if you're here for a 4 or a 5 year degree, and the NHS is happy to register you...

[heath0101]

I saw this on a different website:

In order to show that you have a right of residence in the UK as a student, you have to show that you have comprehensive sickness insurance. Until recently, the UK Government would not accept the European Heath Insurance Card (EHIC) as evidence of comprehensive sickness insurance. However, the BR1 and EEA1 forms now state that you can use the EHIC as evidence, if you also send a letter confirming that you intend to stay in the UK on a temporary basis. If your stay is to be permanent, you will need to obtain additional insurance. The UK government does not accept entitlement to the National Health Service as sufficient as evidence, so you will need to get the EHIC before you leave your country of residence.

During my five years, I will have had two years total of education - one at the beginning of it, one at the end of it. I will have these two EHIC cards, but will they actually accept them for my permanent residency application, given that obviously I was here on a permanent basis?

Thanks again for all the help, much appreciated.

[Jambo]

If it is per residence year then I think I am still ok, so that's fine hopefully.

Re the health care thing, if they decline the EHIC cards as proof of health cover, does that mean I'll also get a bill through for my few NHS appointments when I was a student?

Quite a crazy requirement to be honest, given that both the NHS and universities help you to register at the NHS as a student, even if you're here for a 4 or a 5 year degree, and the NHS is happy to register you...

The requirements for CSI is for immigration purposes only. It has nothing to do with entitlement for NHS services (which every ordinary resident has).

CSI in the UK is a ridiculous requirement to be honest and that's why the UK are currently challenged by the European Commission on this particular requirement,

[heath0101]

Is it? From reading it seems that despite the NHS gladly registering students etc, students and self sufficient are not actually eligible for it?

Am feeling very discouraged now as I've been looking forward to becoming a citizen but am really doubtful at the prospects of them taking EHICs, meant as a temporary measure, as evidence of comprehensive cover over a period of five years essentially (well, 3.5 of 5, incl the last year).

[Jambo]

Is it? From reading it seems that despite the NHS gladly registering students etc, students and self sufficient are not actually eligible for it?

Reading where? The HO is only concerned about the immigration aspects of it.

Every ordinary resident in the UK is entitled for NHS. This is based on national legislation and not immigration rules.

Am feeling very discouraged now as I've been looking forward to becoming a citizen but am really doubtful at the prospects of them taking EHICs, meant as a temporary measure, as evidence of comprehensive cover over a period of five years essentially (well, 3.5 of 5, incl the last year).

If you have a non-UK EHIC, you are covered. This is another example how the CSI requirement in the UK doesn't make sense. See (b) in Annex A.

[heath0101]

Amazing. Won't question it, am happy with that.

I guess the new migration rules that recently came in, along with the new NHS/migrant restrictions being announced this week, won't affect them accepting EHIC for this?

It's just a bit over a year until I can apply, so I am hoping no rules come into place any time soon that would affect this. I guess for an EU citizen, marriage or not, five years is the bare minimum so I can't apply any sooner, sadly!

[Jambo]

The UK government can't control EEA immigration so they are taking out their frustration on the non-EEA migrants by keep on changing the rules.

The NHS plans to charge for foreigners will not apply for residents of the UK. It is aimed at medical tourism (either from the EU or outside).

You will be fine. Even in one year time.

[heath0101]

Thank you