Help - Student with no CSI & alternative to CSI - help!

[MartinaD]

Hi All

Thanks for this forum its a great place to find information!

I arrived in the UK on 24 December 2012 - I have registered with NIN and started employment on 18 January 2013. Am i correct to think that technically speaking i have started exercising my treaty rights on 18 Jan 2013 and not on Dec 2012? This would tell me when my 5 years time comes up.

However, in September 2014 I enrolled an university course until May 2015. I had no CSI. While I was studying I worked part-time but I became reducing my hours gradually because I had to revise for the final exams - i.e. there may have been months where I did not earn the sufficient MET Requirement amount.

I left my part time job altogether in April 2015. I then searched for a new job which i found on 3 August 2015 to present. SO i had 4 months of self-sufficiency.

Now, my understanding is that my PR time so to speak was suspended in 2014 when i began to earn less than the MET requirement and re started in August 2015 with the acquring of full-time employment. please would you be able to confirm this?

If yes to the above I have read about alternatives to the CSI requirement - none of those apply to me. however, i have read that if you can prove that you had access to health care in your country this may be sufficient. is that right? and if so, what kind of evidence i need? i did not communicate to my country that i lived here and therefore i think i would have had full access to public health care had i needed it. My mum confirmed me that i had access in my country to the equivalent of the NHS in UK.

Secondly, could the European health insurance be obtained retrospectively for those months i needed it? - although i doubt it.

Thank you so much for the assistance and sorry f or the long post.

kind regards

[noajthan]

Hi All

...

Now, my understanding is that my PR time so to speak was suspended in 2014 when i began to earn less than the MET requirement and re started in August 2015 with the acquring of full-time employment. please would you be able to confirm this?

If yes to the above I have read about alternatives to the CSI requirement - none of those apply to me. however, i have read that if you can prove that you had access to health care in your country this may be sufficient. is that right? and if so, what kind of evidence i need? i did not communicate to my country that i lived here and therefore i think i would have had full access to public health care had i needed it. My mum confirmed me that i had access in my country to the equivalent of the NHS in UK.

Secondly, could the European health insurance be obtained retrospectively for those months i needed it? - although i doubt it.

Thank you so much for the assistance and sorry f or the long post.

kind regards

Welcome.

What were you doing from Dec 2012?
Jobseeking? Any proof?

1) Failing MET should simply trigger further investigation by caseworker into your case. Not automatic fail.
That's because MET goes above and beyond cleaner, purer EU law which simply seeks proof of genuine and effective work;
rather than the work being supplementary and marginal to some other activity, (eg studying).

What are the alternatives to CSI that you think you have discounted?

• Student RC?
  Union citizen sponsor, eg parent?

If you had some cover from home country how can you provide prove it extended to you in UK?
- especially if you were supposed to tell home country your whereabouts when you jumped ship.

Did you have CSI when you were selfsufficient? otherwise you won't have been a selfsufficient qualified person.

Have you enjoyed any prolonged absences from UK?

2) And no, CSI cannot be backdated as its a form of insurance.

[MartinaD]

Hi Thanks for the prompt reply.

Re December 2012 I arrived on christmas eve and only started looking for job after the new year. May have to try and find emails sent to potential employers to evidence when i started to search for employment. thanks for the input.

2) I was working two days a week when i started uni in 2014, but then reduced to one day a week - although i was doing a double shift most of the time. but probably it would be difficult to prove that during the time i worked one day a week only my work was not supplementary and marginal to my studies given that this is a mere abstract concept. it seems quite unreasonable to leave it to the caseworker at hand to decide what is supplementary and marginal. i wonder whether there is some case law or guidelines on this. in any event one day a week seems marginal to me. and i would not meet the MET Requirement if this is what the HO uses as measuring reference

3) Alternative to CSI -

- don't remember signing any RC application when started uni;
- my parents don't have private health insurance in Italy;
- no European Health insurance cover.

--> However, I did not register as Italian citizen resident abroad until only recently. For this reason I did not loose my residency in Italy. I could re-do my documents in Italy and access public health services any time i wanted. I think the main question is whether prove of my entitlement to access public health services in my own country during my self-sufficient period could exonerate me from the CSI requirement?! if yes, then the next question is what kind of evidence would suffice. Just to clarify, I was supposed to tell my country that I was no longer residing in Italy after 1 year that I was abroad - this would be 2014. i only did so recently which could cause me trouble in terms of having to pay the difference in taxation between the ones i paid in UK and those I was meant to pay in Italy. Yes, if i request such evidence i could alert the authority in Italy that I owe some taxes there ... which is another issue.

No, i didn't have CSI during the 4 months of self-sufficiency - but i wonder whether the same alternative to CSI for students as above applies to self-sufficient/job seekers? Assumed that i can prove that i had access to public hearth services in Italy in the first place.

And no, i did not enjoy any prolonged absence from the UK.

than you and again apologise for the long answer!

[MartinaD]

EDIT: I think I have a TEAM card for the time i was self-sufficient - equivalent to EHIC.

[MartinaD]

The EEA(QP) form states that you can use a European Health Insurance Card (EHIC) as evidence of comprehensive sickness insurance, but only if you make a declaration that you do not intend to stay in the UK permanently.

This may be helpful for some, but many would rather the flexibility to stay permanently if opportunities in the UK come their way. The declaration is not legally binding in any way, though, and it is questionable whether the Home Office view on this is correct. There are no decided cases about the issue so it is not possible to say for sure in what circumstances a EHIC will count.

You can find more information about applying for a EHIC here.

If applying for permanent residence documents, a EHIC issued by another Member State (not the UK) can be used at that stage. Home Office policy document European Economic Area nationals qualified persons instructs officials thus:

Applications for a document certifying permanent residence or a permanent residence card – EHIC or E111 is provided

You do not need a statement of intent with these applications as at the permanent residence stage you are deciding if the applicant has already acquired a right of permanent residence in the UK.

Therefore the applicant’s intentions for the future are irrelevant. In these circumstances, applicants only need to provide evidence to show they had an EHIC (or an E111) for the whole of their five years continuous residence.

If the applicant submits an EHIC which does not cover the whole of the period relied upon, or does not feature a ‘valid from’ date, they must also submit evidence from the issuing authority confirming that they held a valid EHIC card for the period relied upon.

So even though a EHIC cannot be used to obtain a residence document without residence being temporary, once a person applies for permanent residence continuous EHIC cover will be adequate and intentions are no longer relevant.

[noajthan]

2) Its EU law thats vague and non-prescriptive.

It has to be agnostic to all local peculiarities in each memberstate.

3) No, the concessions are only for students not self sufficient.

You need proof any home health cover applies to you in UK.
Only being covered by virtue of not giving home authorities notice of your emigration doesn't apoear to cut it.

'Statement of intent' not required for DCPR applications.

[MartinaD]

Please could you kindly quote the source of the information - is the EHIC not good for self sufficient? i have not find anything suggesting this and i would like to have more info. i am also keeping some of the members of the 3 million updated about this. we count on your support and thank you for your assistance and hard work

[noajthan]

I meant the transitional arrangement concession
for students doesn't apply to selfsufficient.

And an EHIC would only cover EEA holder not any dependent.