Comprehensive sickness insurance

[MarcosBaiba]

Hi,

I wonder is anyone can help?
I am helping my wife with the application for the Permanent Residence Certificate and I am not sure about the CSI.
She is Latvian, she has been living in the UK permanently since 2004 and she has the work registration scheme card.
She stopped working in 2007 to look after our new born child and studied childcare in 2008 and 2009, so she could get back to work which she did in 2009. She has been working since then.
The problem is that in session 9 of the form it asks information not only for the last 5 years which is the qualifying period we are counting for this application , but the information about the whole period she since she entered the UK.
For the last 5 years she has been in full time employment but because the form ask about the period since she entered the UK we have to declare the period she was self sufficient.
My question is do we need to provide CSI?
In my view for the sake of this application, we just need to proof that she has been in employment since February 2012 (last 5 years living in the UK). Also in my view, at the time of the self sufficiency period which was in 2007 - 2009, there was no need to hold a CSI and even the previous version of this form stated that NHS cover was valid as CSI. So, we don't need to provide evidence of CSI for that period, is that correct?
Is it right to say that a CSI is not applicable in this case as the self sufficiency period was prior to the 5 year qualifying period for this application and that at the time of the self sufficiency period having a CSI was not a requirement? Is that correct?

Thanks

Marcos

[tmonaghan]

Well Directive 2004/38/EC states the followings.

Article 7
Right of residence for more than three months

1. All Union citizens shall have the right of residence on the territory of another Member State for
a period of longer than three months if they:

(b) have sufficient resources for themselves and their family members not to become a burden on
the social assistance system of the host Member State during their period of residence and
have comprehensive sickness insurance cover in the host Member State;

Done at Strasbourg, 29 April 2004.

[MarcosBaiba]

Hi tmonaghan,

Thanks for your reply but my wife has been working since 2009 uninterrupted, thats almost 8 years and as I understand the application is based on the last 5 years. Is that correct?
Also, I filled the form in 2010 to get my residence permit and in this website (https://www.gov.uk/hmrc-internal-manual ... /tctm02075) there was also stated that NHS cover was valid as CSI. I have this printed at home. From 2011 this changed and the part that said NHS cover was valid was removed.
All I want to know is do I need a CSI for a period that is out of scope of this application which is 5 years? Many things could have happened before the 5 years, we could have lived abroad, etc. but as I understand we are making this application based on the last 5 years and she has been incontinuous full time employment for almost 8 years. I believ this gives her the right for permanent residence.
Can anyone confirm that is correct or tell me otherwise?

Thanks

[tmonaghan]

Hello MarcosBaiba,

If your wife has been working over the last 8 years you will be fine since you will be providing evidence that your wife has been a worker over the last five years prior to making the application unless she got PR before. Why worrying about it if you already know that your wife already has acquired PR from working for at least five years prior to submitting the application? During that same period she did not have to have CSI because she was a worker for five years... Yes?