Work/Student/Family PR - no CIS

[amaeurope]

Moved in from Poland in June 2011 with an intention to settle here permanently. I had been working here for almost 3 years. In total lived in the UK for over 5 years.

In 2013, I commenced A-levels course as an adult. Within few months from the commencement of my course I was redundant and I had not been working until the end of 2015.

From September 2014 until now I have been studying at university, relying on student loan provided by the UK Gov. My student status was “UK Home Student”, not the EU/EEA Student as I met the “ordinary residency” requirement. As a result of my “special status” I have never been asked or obliged to apply for the Comprehensive Sickness Insurance and I must admit, I was shocked when I discovered that my PR application may be denied due to lack of the CSI cover.

I would appreciate any sort of advice before I seek any professional and expensive advice.

I thought about giving it a go and simply sending my application of with an exhaustive explanation of my circumstances.

Many thanks in advance!

[noajthan]

Moved in from Poland in June 2011 with an intention to settle here permanently. I had been working here for almost 3 years. In total lived in the UK for over 5 years.

In 2013, I commenced A-levels course as an adult. Within few months from the commencement of my course I was redundant and I had not been working until the end of 2015.

From September 2014 until now I have been studying at university, relying on student loan provided by the UK Gov. My student status was “UK Home Student”, not the EU/EEA Student as I met the “ordinary residency” requirement. As a result of my “special status” I have never been asked or obliged to apply for the Comprehensive Sickness Insurance and I must admit, I was shocked when I discovered that my PR application may be denied due to lack of the CSI cover.

I would appreciate any sort of advice before I seek any professional and expensive advice.

I thought about giving it a go and simply sending my application of with an exhaustive explanation of my circumstances.

Many thanks in advance!

Yes, that's quite a gotcha. Don't be too hard on yourself, you're not the first, won't be the last.

Giving it a go, even if crossing fingers, closing your eyes tightly and hoping for the best won't work.
However you have a few options...

1) Do you have a foreign-issued EHIC?

2) Are you covered by a relative (parent)'s health policy from home country?

3) Your approximate age is unclear.
Do you have an EEA parent exercising treaty rights in UK who can be your Union citizen sponsor?
In fact this is your best bet, as, if you were in UK as a minor, you may have already acquired PR via such a sponsor over the past 5 years or so.
(You can still be sponsored by a parent if you are aged over 21 but you would then have to show financial dependency on parent).

Worst case: suggest regularise your position as a student by taking out CSI now.

Also suggest applying for EEA(QP) if unable to confirm PR.
With all wild talk of Brexit any/all EU-related documentation could be a worthwhile investment.

[amaeurope]

noajthan - thank you for your response.

1) I have the UK-based EHIC card which is useless from the PR perspective. I was not able to apply for the EHIC card in Poland as I became an ordinary resident (3 years residence) in Britain prior to commencing my university course.

2) The only parent - my mother - has been living here for almost 5 years and therefore she cannot exercise any rights in relation to the healthcare insurance in Poland.

I could possibly think that in compliance with the EU and NHS regulations I was entitled to a full cover the time of becoming an ordinary resident...?

"Note on EEA Applications and Comprehensive Sickness Insurance Cover"
[url]https://www.google.co.uk/url?sa=t&rct=j ... ad=rja[url]

3) As mentioned before, my mother also lives in England. Although she has not been here for the full 5 years, I have been living with her from when I was 21 (I can prove this by showing bills, banks statements etc).

I am unsure if I could claim PR as a combination of the two: had being worked in the UK for 3 years and later been dependent on a qualifying EU citizen. There is also another issue: my mother was receiving few benefits at some time during her residency period (although, she was working on the full time basis continuously) and I do not know if she herself would be eligible for the PR in that case.

[noajthan]

noajthan - thank you for your response.

...

3) As mentioned before, my mother also lives in England. Although she has not been here for the full 5 years, I have been living with her from when I was 21 (I can prove this by showing bills, banks statements etc).

I am unsure if I could claim PR as a combination of the two: had being worked in the UK for 3 years and later been dependent on a qualifying EU citizen. There is also another issue: my mother was receiving few benefits at some time during her residency period (although, she was working on the full time basis continuously) and I do not know if she herself would be eligible for the PR in that case.

So only option is #3 if mom can be a sponsor (or partial sponsor and you apply in own right for rest of time).

HO may apply PET/MET test to see if someone was a worker in their eyes.

If mom is A8 too and was working during/before 2011 was she registered for WRS (fully and properly)?

Next steps

• Collate timeline;
  Collate evidence (needs to be rock-solid);
  Practice few dry-runs with the form;
  See how it shapes up.

[amaeurope]

My mum is A8. She came to the UK after April 2011 so she was not required to register for WRS.

[amaeurope]

Next steps

• Collate timeline;
  Collate evidence (needs to be rock-solid);
  Practice few dry-runs with the form;
  See how it shapes up.

In that case I would be able to show the evidence of the 5 years continuous, qualifying period:


20/06/2011 - 14/04/2014 (During the 1029 days, I was the qualifying working person. I have all the wage
slips, relevant P60's, utility bills and bank statements for that period)

15/04/2014 - 22/08/2016 (During the 860 days, I resided in the UK as a dependant of a qualifying family
member - mother - who is a Polish citizen, who I lived with and who was in a
continuous full time employment during the 860 days in the UK. My mother
came to the UK in December 2011 and she has not leaved the country since.
For the whole period of 860, I can prove that we have lived at the same
address).


Together it will be 5 years and 2 months of qualifying residence.

1) Am I thinking right ?

2) Is it ok that my mother was receiving some benefits (i.e. Housing Benefit and Working Tax Credit) at some time during her residency in the UK?

3) What should I tell them about my education ? Will they continue to require the CSI for the period of study.

[noajthan]

In that case I would be able to show the evidence of the 5 years continuous, qualifying period:

...

Together it will be 5 years and 2 months of qualifying residence.

1) Am I thinking right ?

2) Is it ok that my mother was receiving some benefits (i.e. Housing Benefit and Working Tax Credit) at some time during her residency in the UK?

3) What should I tell them about my education ? Will they continue to require the CSI for the period of study.

1) Not so bad. On right track.

2) Probably OK if minimal.

3) If a student but dependent on sponsor/mom then no you don't need CSI. That's the point of relying on sponsor.

Were you under or over 21 whilst being sponsored?
If over 21 you need proof of financial dependency on sponsor.

[amaeurope]

Yes, I was over 21yo.

The evidence I could provide include:

- My full birth certificate
- My mobile phone bills that came to sponsors address
- possibly the driving license which has the same as my sponsor's address
- in a period of 3 months my mother was transferring me 30GBP every week as 'pocket money'
after that she was giving me cash. I could use the bank statements as evidence. She has made multiple
payments to me in the past years.

[noajthan]

Yes, I was over 21yo.

The evidence I could provide include:

- My full birth certificate
- My mobile phone bills that came to sponsors address
- possibly the driving license which has the same as my sponsor's address
- in a period of 3 months my mother was transferring me 30GBP every week as 'pocket money'
after that she was giving me cash. I could use the bank statements as evidence. She has made multiple
payments to me in the past years.

Financial dependency needs to be more than pocket money - and should be for essential daily needs.