CSI for EEA students before 2011 for PR application?

[davidfl]

Hi,

I am an EEA (A8) national planning to apply for citizenship as soon as possible. As I have been reading through the forum and the gov. sites it became clear that the first thing to do is to apply for PR document. I am confident that I am a qualified person as I have been living in the UK since 2007, started as a scholarship funded PhD student, and from 2011 March I have been working uninterruptedly, exercising treaty rights for continuous 5year period. My plan is however to apply naturalization right after I (hopefully) get the PR certificate.

One problem is that I am not aware that I had comprehensive sickness insurance during my PhD period, so maybe I dont have the 5+1 valid year so I cannot apply right away... A few things however cannot let me give up on this:

Could it be that since I was paid, as a scholarship supported student, I was automatically covered? Or since my study period was before 2011 Jun, I do not need to provide comprehensive sickness insurance because before that time it was not necessary? Another hopeful thinking that I did not own an EHIC card (Hungarian), but I believe I was covered anyway by the mandatory Hungarian health insurance (since I was paying in Hungary, while I was a student here). However I am not sure how to prove this, or it maybe be unproductively slow process.

Any thought or suggestion would be very helpful. I will apply for PR anyway soon, I am collecting now the letters etc.. but simple I have no idea what should I write to the student sickness insurance section. If I leave it blank, does that actually matter in my circumstances?

Thanks,
David

[secret.simon]

Firstly, this query is one for the EEA-route applications, not for the British citizenship forums. Can the mods move it please?

Could it be that since I was paid, as a scholarship supported student, I was automatically covered?

Nope, there is no automatic coverage. The CSI needs to be either private CSI or an EHIC Card from a non-UK country.

I believe I was covered anyway by the mandatory Hungarian health insurance (since I was paying in Hungary, while I was a student here). However I am not sure how to prove this, or it maybe be unproductively slow process.

You will need documented proof.

since my study period was before 2011 Jun, I do not need to provide comprehensive sickness insurance because before that time it was not necessary?

Noajthan is more aware of this aspect of the law. Perhaps, he will be online soon to advise on this aspect of the law in more detail.

My plan is however to apply naturalization right after I (hopefully) get the PR certificate.

Only possible if you can prove that you were exercising treaty rights while being a student. That hinges on Noajthan's advice about lack of CSI in that period.

[LilyLalilu]

The requirement to hold CSI as a student existed before 2011, 2011 was the year they started enforcing the requirement. You will need proof of CSI (or equivalent Hungarian health insurance cover) before 2011, the only exception is if you had a Residence Card issued to you as a student before 2011. If you had such Residence Card, you could invoke the transitional arrangements and would not need CSI.
Your best bet if to get proof of cover from Hungary and apply for PR retrospectively from 2007, or else apply as a worker from March 2016 (or May 2016 if you weren't registered with WRS).

[noajthan]

Your confidence may not be well-founded. This CSI requirement catches many people unawares.

Lily has pretty much covered all the pertinent points.

To have kept your PR clock running during your student days, you need to show you had medical cover from Hungary (via yourself or your perhaps parents, that covered you over in UK) if you don't have one of the following:

• a RC issued to you as a student in/before 2011;
  foreign-issued EHIC;
  CSI;

Otherwise your PR clock can only have started later;
ie when you fell into some other category of qualified person.

This is non-negotiable.
Leaving the CSI-related questions blank will result in follow up questions (if you are lucky) or else automatic refusal as holding CSI is non-negotiable.

Simply thinking you were "eligible for NHS" or "not using NHS" doesn't cut it (in this immigration context).

Actions:

• dig into your Hungary medical coverage - you will need good documentary evidence of this (in English);
  see if you had a student RC from mid- or pre-2011;

Incidentally, no need to use the latest 'monster' PR form, its not a legal requirement to do so.
There are earlier (simpler) versions available.

[davidfl]

Thanks for the clarifying replies. I did not have RC as a student in the past. I will try to get a document for the Hungarian cover.

However what should I do if I decide to ignore my study period and I apply on the basis of working from 01/03/2011 (I had WRS)? I still need to provide my past student status from the date I entered to the UK in 2007, but there is no box in the form stating that I did not have CSI, and do not want more questions and delays. What would be the most straightforward presentation to the caseworker to deal with? Would the older forms be better, or a separate statement that "I am exercising treaty rights since 01/03/2011 as a worker. I am aware that I was not covered with CSI during my study period."?

Of course then I wait for another year for the naturalization and hope that in case of leaving the EU the rule won't change.
David

[noajthan]

Thanks for the clarifying replies. I did not have RC as a student in the past. I will try to get a document for the Hungarian cover.

However what should I do if I decide to ignore my study period and I apply on the basis of working from 01/03/2011 (I had WRS)? I still need to provide my past student status from the date I entered to the UK in 2007, but there is no box in the form stating that I did not have CSI, and do not want more questions and delays. What would be the most straightforward presentation to the caseworker to deal with? Would the older forms be better, or a separate statement that "I am exercising treaty rights since 01/03/2011 as a worker. I am aware that I was not covered with CSI during my study period."?

Of course then I wait for another year for the naturalization and hope that in case of leaving the EU the rule won't change.
David

If the form asks about CSI you need to reply.
If it doesn't ask you don't need to go there - but HO may ofcourse follow up; they will not fast track this for you, if you get delayed with questions you will simply have to go with the flow.

You won't be penalised for not having CSI, the period just won't count.
The rest of your understanding appears correct.