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permanent residence for a student

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

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mvperassi
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Posts: 3
Joined: Fri Jun 23, 2017 11:08 pm

permanent residence for a student

Post by mvperassi » Fri Jun 23, 2017 11:29 pm

Good evening,

I've been in UK for almost 5 years (5 years this December 2017), I've been always working till last September that I started a MSc part-time, since then I'm not working (living with a UK student loan and a private loan from Spain). I called HMRC asking if I needed to pay voluntary insurance or a private insurance and they said that not and I called the student finance office too. Last week I read a comment saying that a private insurance is needed if you are not working to be able to count like time in UK for the permanent residence.
Is that true? Where I could get the official information?

Thank you in advance

Victoria

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

Re: permanent residence for a student

Post by secret.simon » Sat Jun 24, 2017 11:02 am

You may not have required private insurance for the purpose of studying in the UK, but you do need it for those years to count towards permanent residence in the UK, under EU law.

The requirement can be met if you had a non-UK EHIC card for all five years of your studies. Do you have such a card?
EEA Regulation 4 wrote: (d) “student” means a person who—
(i) is enrolled, for the principal purpose of following a course of study (including vocational training), at a public or private establishment which is—
  • (aa) financed from public funds; or
    (bb) otherwise recognised by the Secretary of State as an establishment which has been accredited for the purpose of providing such courses or training within the law or administrative practice of the part of the United Kingdom in which the establishment is located;
(ii) has comprehensive sickness insurance cover in the United Kingdom; and
(iii) has assured the Secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that the person has sufficient resources not to become a burden on the social assistance system of the United Kingdom during the person’s intended period of residence.
Article 7(c) of EU Directive 2004/38/EC wrote:(c) – are enrolled at a private or public establishment, accredited or financed by the host Member State on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training; and
have comprehensive sickness insurance cover in the host Member State and assure the relevant national authority, by means of a declaration or by such equivalent means as they may choose, that they 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; or
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.

mvperassi
Newly Registered
Posts: 3
Joined: Fri Jun 23, 2017 11:08 pm

Re: permanent residence for a student

Post by mvperassi » Sat Jun 24, 2017 1:49 pm

Hi,
I've just started studying last September, before that I was working in Uk all the time and I don't have a non-UK EHIC card. I didn't know that I needed one.
So there is any way to compensate this 9 months of not working?

mvperassi
Newly Registered
Posts: 3
Joined: Fri Jun 23, 2017 11:08 pm

Re: permanent residence for a student

Post by mvperassi » Mon Jun 26, 2017 12:03 pm

secret.simon wrote:You may not have required private insurance for the purpose of studying in the UK, but you do need it for those years to count towards permanent residence in the UK, under EU law.

The requirement can be met if you had a non-UK EHIC card for all five years of your studies. Do you have such a card?
EEA Regulation 4 wrote: (d) “student” means a person who—
(i) is enrolled, for the principal purpose of following a course of study (including vocational training), at a public or private establishment which is—
  • (aa) financed from public funds; or
    (bb) otherwise recognised by the Secretary of State as an establishment which has been accredited for the purpose of providing such courses or training within the law or administrative practice of the part of the United Kingdom in which the establishment is located;
(ii) has comprehensive sickness insurance cover in the United Kingdom; and
(iii) has assured the Secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that the person has sufficient resources not to become a burden on the social assistance system of the United Kingdom during the person’s intended period of residence.
Article 7(c) of EU Directive 2004/38/EC wrote:(c) – are enrolled at a private or public establishment, accredited or financed by the host Member State on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training; and
have comprehensive sickness insurance cover in the host Member State and assure the relevant national authority, by means of a declaration or by such equivalent means as they may choose, that they 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; or


Hi,
I've just started studying last September, before that I was working in Uk all the time and I don't have a non-UK EHIC card. I didn't know that I needed one.
So there is any way to compensate this 9 months of not working? If not, it means that I need to start counting again 5 years from the time I find a job?
Thank you

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