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Gaps in comprehensive insurance?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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nabnab
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Joined: Sun Jul 03, 2016 10:49 pm

Gaps in comprehensive insurance?

Post by nabnab » Mon Jul 04, 2016 2:51 am

I'm a Swedish citizen, moved to the UK as student in 2007 and have lived and studied here since, with the exception of most of the time between Aug 2010- May 2011. Up until the last year I have been been covered by EHIC. During the last year I have not been covered because I am no longer formally registered as a resident in Sweden. I didn't worry about because I was covered by the NHS, but apparently that doesn't count for the EEA(PR) form.

So what does this mean for me? If I have a gap, does the gap not count towards fulfilling the 5 years residency requirements? Or worse, a, I back to square one?

Thank you for any replies!

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Gaps in comprehensive insurance?

Post by secret.simon » Mon Jul 04, 2016 10:05 am

nabnab wrote:If I have a gap, does the gap not count towards fulfilling the 5 years residency requirements?
A gap resets the clock. You need five continuous years. Some gaps are allowed (upto six months absence from the country every years and one exceptional gap of a year from the country for things such as pregnancy or military service).

Broadly, any time you have been a student without CSI or non UK EHIC Card does not count.

But have you worked part-time during that period? So long as your work was "genuine and effective" (i.e. you could live on those wages), those periods would count as working and not as studying.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

nabnab
Newly Registered
Posts: 7
Joined: Sun Jul 03, 2016 10:49 pm

Re: Gaps in comprehensive insurance?

Post by nabnab » Mon Jul 04, 2016 10:54 am

Thanks for your help, really appreciate it!
secret.simon wrote:A gap resets the clock. You need five continuous years. Some gaps are allowed (upto six months absence from the country every years and one exceptional gap of a year from the country for things such as pregnancy or military service).

Broadly, any time you have been a student without CSI or non UK EHIC Card does not count.
By does not count do you mean 'does not count towards the 5 year residence' or 'does not count as a gap'?

To clarify, the gap that concerns me is a gap in insurance, not residence. I have been a student and a student only during that time. Does that mean the clock is reset? It was just under a year ago I lost the Swedish EHIC coverage (13th July 2015) so if I get coverage quick, can I get away with it as an 'exceptional gap' maybe?

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Gaps in comprehensive insurance?

Post by secret.simon » Mon Jul 04, 2016 11:08 am

So, to clarify, were you covered by CSI for the entire period from 2007 to 2015?

What were you doing between Aug 2010- May 2011?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

nabnab
Newly Registered
Posts: 7
Joined: Sun Jul 03, 2016 10:49 pm

Re: Gaps in comprehensive insurance?

Post by nabnab » Mon Jul 04, 2016 11:30 am

secret.simon wrote:So, to clarify, were you covered by CSI for the entire period from 2007 to 2015?

What were you doing between Aug 2010- May 2011?
Yes, I was covered through a Swedish EHIC 2007-2015.

Aug 2010-May 2011 is a bit complicated. Aug-Dec was studying a semester abroad, enrolled through a British university, but I dropped out without finishing the studies. For a week in January I was back in the UK, but then worked an unpaid internship in Sweden Dec-May. Then I was living off savings in England until September, when I picked up university in England again. I have been a student the whole time, with the exception of a three month gap between finishing undergraduate and enrolling in postgraduate.

2010-2011 should all be irrelevant soon though, as it's almost 5 years ago. Another thing I've been planning to ask is for some clarity on the required length of time. I will soon be married to a British citizen, which I believe will cut the required residence time from 5 to 3 years? I can find this spelled out in the citizenship application but not the PR application, but I assume it's true for both?

Thanks again for your help!

secret.simon
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Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Gaps in comprehensive insurance?

Post by secret.simon » Mon Jul 04, 2016 11:48 am

nabnab wrote:Another thing I've been planning to ask is for some clarity on the required length of time. I will soon be married to a British citizen, which I believe will cut the required residence time from 5 to 3 years? I can find this spelled out in the citizenship application but not the PR application, but I assume it's true for both?
Just to clarify that point first. Do not confuse the EEA Regulations and the laws for British citizenship. They are unrelated to each other and do not sum up to the same amount.

You can apply for British citizenship with a residency period of 3 years if you are married to a British citizen. But having settled status is also a requirement of applying for citizenship and that takes a minimum of five years for EEA citizens.

So, in effect, you can not apply for citizenship until you have spent at least five years in the UK (the time taken to acquire PR). It is in effect the longer of the two rules, not the shorter, that you must apply.
nabnab wrote:Aug-Dec was studying a semester abroad, enrolled through a British university, but I dropped out without finishing the studies. For a week in January I was back in the UK,
Others would have to advise you on whether studying abroad while enrolling in a UK university counts towards your PR or breaks your stay.

If it counts towards your PR, then the six month break between December and May is of no consequence and you would have acquired PR in 2012 (five years after starting to exercise treaty rights in 2007).

If it does not, then the break between August 2010 and May 2011 will have reset your PR clock and you started again in May 2011. But the clock stopped again when the EHIC Card expired. At the moment, it seems that your clock is not running. And when it does, it will start from zero.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

nabnab
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Posts: 7
Joined: Sun Jul 03, 2016 10:49 pm

Re: Gaps in comprehensive insurance?

Post by nabnab » Mon Jul 04, 2016 12:09 pm

I'm extremely upset to learn that my 8 years in the UK count for nothing, it doesn't make sense... :cry:

It would never have occurred to me to pay £40 a month for something that I already get from the NHS, I never expected the UK to leave the EU, so never looked in to citizenship before.

And what's the point of reducing time from 5 to 3 years if it's impossible to apply without something that requires 5 years? That makes no sense...

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