Refused Permanent Residence card, EEA national student, CSI

[Gloree]

Hi alexxy,

It's been really interesting reading about your case and congrats on obtaining your permanent residency card!
I'm also a Romanian national who has been in the UK for 5 and a half years. I was wondering whether you can clarify a bit about the arguements you have included in your application; does the transitional agreement apply to students who have started their course before June 2011 or before December 2013?
I moved here in August 2011, so I'm a bit unclear as to whether this could apply to me as well. I did have a Yellow card and comprehensive insurance for 1 year, then European Health card for an additional year, as well as have proof of being insured by the Romanian CNAS until 2014. I'm missing one year, however, between 2014-2015.
I was considering applying for a PR card, but I'm a bit uneasy about the possibility of refusal on the basis of missing one year of CSI.

Any advice you have will be greatly appreciated!

Multumesc,
Han

[noajthan]

As per linked doc above.

The transitional arrangements ... apply only to EEA nationals applying for permanent residence documentation on the basis of being a student where they have been issued with a registration certificate in that capacity before 20th June 2011

[alexxy]

Hi alexxy,

It's been really interesting reading about your case and congrats on obtaining your permanent residency card!
I'm also a Romanian national who has been in the UK for 5 and a half years. I was wondering whether you can clarify a bit about the arguements you have included in your application; does the transitional agreement apply to students who have started their course before June 2011 or before December 2013?
I moved here in August 2011, so I'm a bit unclear as to whether this could apply to me as well. I did have a Yellow card and comprehensive insurance for 1 year, then European Health card for an additional year, as well as have proof of being insured by the Romanian CNAS until 2014. I'm missing one year, however, between 2014-2015.
I was considering applying for a PR card, but I'm a bit uneasy about the possibility of refusal on the basis of missing one year of CSI.

Any advice you have will be greatly appreciated!

Multumesc,
Han

Hi Gloree,

Thank you for your message. CSI is required for the entire period of being a student and/ or self-sufficient. Now, because you have not obtained a Registration Certificate (yellow card) before 20th of June 2011, you will definitely need to provide evidence of CSI for your student years. For the first 2 years you seem to have it covered with CSI and EHIC, I am not sure about CNAS insurance though, as I don't think they will be able to accept it as valid evidence of CSI or EHIC card. I believe CNAS insurance works only while you are in Romania, but I suppose it's worth giving it a shot. Worst case they can refuse you. You say you are missing one year - were you still a student then? If you were employed and earning enough money (UKVI website is unclear regarding how much money you need to have earned to qualify as worker), you can apply on that basis. For example: 2011-2014 (student), 2014-2015 (employed).

Hope this helps.

[Gloree]

Hi alexxy,

Thanks for your reply and advice, much appreciated! I wanted to apply regardless, but I'd really hate to receive a letter stating that I am no longer eligible to stay in the UK and must make the "necessary preparations to leave", so I'm trying to be cautious - although in the current climate it might just be irrelevant.
I started my course in September 2011 until July 2015, so the missing year is during my last year of studies 2014-2015 (when I wasn't employed). I did start full time employment in September 2015 for a year, then started my masters course in October 2016, while still working part-time (and have European Health insurance now).
The problem is online I keep finding unclear information; some sources say the year you have missing simply doesn't count, while others say the 5 year count starts again (not accounting for the 4 eligible years because the gap was in the middle).
Now I have been advised to apply for a residency card, which is valid for 5 years, but I think the same principles apply.
Have you had to contact any immigration lawyers, or are you aware of any relevant services that might help ease the confusion?

Many thanks once more!
Best regards,
Han

[noajthan]

If you were not a qualified person for one year in the middle of your time, to date, in UK, eg due to not having CSI (or alternative) as a student, then your PR clock will have stopped (and will have been reset to zero at that time).